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01 February 2008
Issue: 7306 / Categories: Case law , Law digest
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Criminal Litigation

R (DPP) v North and East Hertfordshire Justices [2008] All ER (D) 57 (Jan)

A prosecution witness was not able to attend court because adverse weather conditions had forced the closure of a school and that witness could not arrange childcare at such short notice.

HELD The issue on an application for an adjournment is the question of doing justice to all those involved in the case. A prosecution should not be shut out as punishment for fault on the part of the Crown Prosecution Service, let alone on the part of a witness.

If, through no fault of a defendant, witnesses do not attend who should have attended, magistrates ought generally to grant adjournments.
 

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The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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