Page 121 - Magistrates Conference 2019

R v Chaaban (2003) EWCA Crim 1012

1. Pre-eminently a decision for the trial judge;

2. “What used to be described as an adjournment culture, if it ever existed, is

a thing of the past. Adjournments have to be justified. If at all possible,

they must be avoided. Proper case preparation is required from both sides.

When asked to consider an adjournment, the judge must closely scrutinise

the application, and, unless satisfied that it is indeed necessary and

justified, should refuse it.”

3. The Court of Appeal “will not interfere unless it can be demonstrated that

the decision to refuse an adjournment was wholly unreasonable and caused

real as opposed to fanciful prejudice to the defendant undermining the

safety of the conviction”.