Bourne v Scarborough Magistrates' Court

Criminal law – Trial. Although the defendant magistrates' court's legal adviser did have the power, under the Criminal Procedure Rules r 3.5(2)(f), to adjourn a trial on a contested prosecution application, he had done so in such a way that his decision could not stand, as he had not had sufficient information to enable him to make a properly informed decision. Accordingly, the Divisional Court quashed his decisions to grant the prosecution application to vacate the fixed trial date and refuse the claimant's application to review that decision at an oral hearing.

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