Source: All England Reporter
Publisher Citation: [2002] All ER (D) 332 (Feb)
Court: Administrative Court
Judge:

Richards J

Representation M Jarman QC (instructed by the Director of Public Prosecutions) for the prosecution.
  The justices did not appear and were not represented.
Judgment Dates: 28 January 2002

Catchwords

Magistrates - Adjournment - Remittal for rehearing - Prosecution not being told of trial date - Prosecution applying for adjournment - Justices refusing adjournment - Whether justices exercising discretion wrongly - Whether court should remit matter for hearing.

The Case

A decision of justices to refuse an adjournment requested by the prosecution, with the result that the informations were dismissed, was overturned; the prosecution had not been at fault in failing to appreciate the timetable, and thus the decision to adjourn had been irrational.

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