A request for an adjournment of a Hearing in criminal proceedings is no longer likely to be granted as a matter of course as was the case in the past when an adjournment would be agreed almost as a matter of course by the making of a simple request supported by the agreement of all parties.
Following a review undertaken by the Lord Chancellor, delays in the court system are now considered unacceptable unless there is very good reason for any request for an adjournment to be granted.
Sukhdip Randhawa of Kangs Solicitors comments on the position.
Considerations | Kangs Magistrates’ Court Advisory Team
- The granting of an adjournment in the Magistrates’ Court is governed by S10 (1) of the Magistrates Courts Act 1980.
- There is a discretionary power given to the Magistrates’ to adjourn hearings.
- On occasions, it may be necessary for the defendant to provide evidence in support of an application for an adjournment, such as a medical note covering illness or a death certificate should travel abroad to a funeral be necessary..
- In the case of CPS – v – Picton, the High Court highlighted factors for consideration by a court:
- the need for expedition in the prosecution of criminal proceedings,
- the best interests of both the defendant and the public,
- where an adjournment is sought by the accused whether, if it is not granted, he will be able fully to present his defence,
- in considering the competing interests of the parties, the Magistrates should examine the likely consequences of the proposed adjourned,
- the reason that the adjournment is required,
- the history of the case, whether there have been earlier adjournments, at whose request and why,
- the particular circumstances of each case.
How Can We Assist? | Kangs Criminal Defence Solicitors
If you require any advice or assistance in relation to any allegations of criminal activity please feel free to contact any of the below team.