Page 110 - Magistrates Conference 2019

COURT WILL ONLY INTERFERE WHERE:-

1. It is plain that a refusal will cause substantial unfairness to the case of

the parties;

2. Such unfairness may arise when a defendant is denied a full

opportunity to present his case;

3. The defendant must be allowed time to obtain legal advice and get his

witnesses. Denial of an adjournment for the accused to seek and

obtain legal advice may amount to a denial of the opportunity to be

heard (Aris v Chin (1972) 19 WIR 459);

4. The prosecution must be given an opportunity to be heard and failure

to do so will render any dismissal a nullity (Harrington v Roots

(1984) 2 All ER 474).