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Repeated Court Adjournments
I would like to know how many times a court appearance can be adjourned. My son in law case has been adjourned about 7 times since the start which was about July last year. The first four times because the police did not had the evidence ready. the last two or three times because the officers involved have been on leave. He has had to take several days off work and yet it keeps going on and on. He has jusst been told that it will most likely be adjourned again due to police leave. Can anything be done about this. Would appreciate advice.Thanks
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For more on marking an answer as the "Best Answer", please visit our FAQ.You have not said whether this matter is being dealt with in the Magistrates� court or the Crown Court. Although the principles involved are similar, in practice slightly different things can happen. I am assuming, because the police are required, that your son is pleading not guilty and the matter has to go to trial. (If he had pleaded guilty, the police would not be required to attend).
Magistrates and judges are encouraged to take a robust line on adjournments. If your son does not attend for his trial it can be heard in his absence (and he will not then have the opportunity to put his version of events before the court). Similarly if prosecution witnesses are not in attendance the court is entitled to order that the matter proceeds. This may mean the prosecution has insufficient evidence to offer and the case will be dismissed.
If he has not done so he should engage a solicitor who will urge the magistrates or judge to order that the matter proceeds without further delay.
Magistrates and judges are encouraged to take a robust line on adjournments. If your son does not attend for his trial it can be heard in his absence (and he will not then have the opportunity to put his version of events before the court). Similarly if prosecution witnesses are not in attendance the court is entitled to order that the matter proceeds. This may mean the prosecution has insufficient evidence to offer and the case will be dismissed.
If he has not done so he should engage a solicitor who will urge the magistrates or judge to order that the matter proceeds without further delay.
Thankyou for your answer, it is helpful and i will advise him to speaK to his solicitor. it is in the magistrates court and yes he is pleading not guilty. The charge is assaulting a police officer. they say that he spit at an officer after a police dog jumped at him as he was passing it in the street and after protesting about the dog he was wrestled to the floor by about 5 officers and had the bruises to prove it. but he is adamant that he did not spit at any police man and there is no evidence of that either on cctv that i have seen.
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