R (Costello) v North East Essex Magistrates [2006] EWHC 3145 (Admin), [2006] All ER (D) 294 (Nov)
If, through no fault of a defendant, witnesses do not attend who should have attended, or a defendant does not attend because he is unfit to attend, the magistrates ought generally to grant an adjournment.
Following R v Kingston-upon-Thames Magistrates, ex parte Martin [1994] Imm AR 172, the magistrates should take account of: the importance of the proceedings and their adverse consequences for the party seeking the adjournment; the risk of prejudice to that party and to the other party in the case; the convenience of the court (the least important of the factors); and whether the party seeking the adjournment was responsible for the problem that led to the application.
