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29 February 2008
Issue: 7310 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R v Taylor [2008] All ER (D) 272 (Feb)

The defendant was unable to attend court during the course of his trial. The judge concluded that, although the defendant had a legitimate medical reason for his absence, the trial should continue in his absence.

HELD In cases where the defendant is absent involuntarily, the judge is obliged to consider how long the proposed adjournment is likely to be and the extent to which the legal representatives could, in the defendant’s absence, receive and act on instructions.

The court should take into account the public interest in ensuring continuous trials; the public interest does not allow the trial to be put off for an indefinite period.

However, where a defendant is absent through ill health, the judge must be astute to see if an adjournment for a short period will allow the defendant to recover, and such an adjournment should not be refused unless the circumstances compel it.

If the judge has doubts about the genuineness or gravity of the defendant’s symptoms, the proper course is to adjourn

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MOVERS & SHAKERS

Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

Trowers & Hamlins—David Meecham

Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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