BOD, R. v [2024] EWCA Crim 1357 (19 September 2024)

BOD, R. v [2024] EWCA Crim 1357 (19 September 2024)

The refusal to adjourn the trial was an error of principle and unreasonable, as the seriousness of the charges and the public interest in a trial outweighed the prejudice of delay; the judge failed to give sufficient weight to the need for the allegations to be tried and to the guidance in Ng and O'Reilly that adjournment is usually the right answer in serious cases.

Citation
[2024] EWCA Crim 1357
Parties
Applicant: Rex; Respondent: B O D
Jurisdiction
England and Wales
Judgment Date
19 September 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Refusal to Adjourn Trial
Outcome
Appeal allowed
Legal Topics
Adjournment of Trial, Availability of Counsel, Interests of Justice, Serious Sexual Offences, Case Management
Criminal Law Criminal Procedure Adjournment of Trial Availability of Counsel Interests of Justice Serious Sexual Offences Case Management

Case Brief

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Parties

Rex

Applicant

B O D

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Refusal to Adjourn Trial

Legal Issues

  1. 1 Whether the Crown Court judge erred in refusing to adjourn a serious criminal trial due to unavailability of prosecution counsel
  2. 2 Whether the refusal to adjourn was wrong in principle or unreasonable in the circumstances

Ratio Decidendi

The refusal to adjourn the trial was an error of principle and unreasonable, as the seriousness of the charges and the public interest in a trial outweighed the prejudice of delay; the judge failed to give sufficient weight to the need for the allegations to be tried and to the guidance in Ng and O'Reilly that adjournment is usually the right answer in serious cases.

Court Disposition

Appeal allowed

Orders

  • Leave to appeal granted
  • Ruling refusing adjournment reversed