header-logo header-logo

01 February 2008
Issue: 7306 / Categories: Case law , Law digest
printer mail-detail

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.
 

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

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll