header-logo header-logo

16 May 2008
Issue: 7321 / Categories: Case law , Law digest
printer mail-detail

Criminal Litigation

R (Davies) v Solihull Justices [2008] All ER (D) 310 (Apr)

After the case had been called on, it was discovered that the defendant had been excluded from the court building by the court security staff because he was allegedly aggressive towards staff there.

The justices ruled that the defendant had, by virtue of his conduct, voluntarily absented himself from the hearing of his case, and that he should be tried in his absence.

HELD It is only in very rare circumstances that a criminal trial can proceed in the absence of the accused. In general, a trial could only proceed in his absence where either the accused was disturbing proceedings in court (so that his removal was necessary), or where he had absconded or deliberately absented himself from the hearing.

In the present case, the defendant’s misbehaviour did not justify excluding him from his own trial. Moreover, the justices erred in treating him as being voluntarily absent, since he had wanted to be in court but was prevented by the exclusion.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll