header-logo header-logo

Criminal Litigation

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll