Criminal Litigation

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.