Practice and Procedure

R (on the application of K) v WEST LONDON MAGISTRATES' COURT (2012)

PUBLISHED December 6, 2012

[2012] EWHC 3864 (Admin)

A district judge erred in refusing to re-open an offender's convictions for driving offences and to adjourn sentencing him in his absence where there was medical evidence that he was unfit to plead or attend court. The judge gave no reasons for taking the exceptional course of proceeding to sentence the offender in his absence in circumstances where there was medical evidence in support of an adjournment which could not be said to be spurious.

DC (Collins J, Sharp J)