Practice and Procedure

R (on the application of HALPIN) v NORTHWICH MAGISTRATES COURT (2011)

PUBLISHED March 11, 2011

[2011] EWHC 1349 (Admin)

A magistrates' court had erred in refusing an application to adjourn a trial to allow the defendant time to consider lately-disclosed material concerning the complainant's previous caution for battery. That was relevant since the defendant, who had been charged with assault, had pleaded self-defence and, without knowing the circumstances of the caution, it could not be said that the trial was necessarily fair and would have reached the same result.

DC (Langstaff J, Charles J)