Page 116 - Magistrates Conference 2019

SOME EXAMPLES OF THE EXERCISE OF THE DISCRETION

Failure of witness to turn up

Court has a duty to hear what a defendant has to advance. When

evidence is crucial, an adjournment ought to be granted (R v

Bredford Justices (1990) 91 Crim App R 390, 392)

Overriding consideration

Fairness (R v Ealing Justices (1999) Crim LR 840)

Justice of Prosecution witnesses to attend

Prosecution should not be shut out as a form of punishment (North

East Hertfordshire Justices 2008 EWHC 163 (Admin)