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Criminal law – Trial. The justices refused the prosecution's application for an adjournment of the respondent's trial for driving with excess alcohol in his breath to obtain playable CCTV footage and stayed the proceedings on the ground of abuse of process. The prosecution appealed by way of case stated. The Divisional Court, in allowing the appeal, held that the justices had been correct in law in refusing the prosecution's request to adjourn the trial. However, they had erred in acceding to the respondent's request to stay the case. Further, the court gave guidance on the scope of appellate review of justices' case management decisions.
Criminal law – Trial. The justices refused the prosecution's application for an adjournment of the respondent's trial for driving with excess alcohol in his breath to obtain playable CCTV footage and stayed the proceedings on the ground of abuse of process. The prosecution appealed by way of case stated. The Divisional Court, in allowing the appeal, held that the justices had been correct in law in refusing the prosecution's request to adjourn the trial. However, they had erred in acceding to the respondent's request to stay the case. Further, the court gave guidance on the scope of appellate review of justices' case management decisions.
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