Practice and Procedure

R (on the application of VARMA) v REDBRIDGE MAGISTRATES COURT (2009)

PUBLISHED March 11, 2009

[2009] EWHC 836 (Admin)

A decision of a magistrates' court to proceed to summary trial rather than adjourn for medical evidence to be called, contrary to directions previously given in relation to determining the defendant's fitness to plead, when it should have been clear that there were serious issues regarding his ability to effectively engage in the trial process, was wrong and the subsequent trial was unfair.

DC (Openshaw J, Sweeney J)