R v BOD

R v BOD

The judge erred in principle and acted unreasonably by refusing an adjournment in a serious sexual offence case where no prosecution counsel was available; the interests of justice required the trial to be delayed rather than terminated.

Parties
Applicant: Rex; Respondent: B O D
Jurisdiction
England and Wales
Judgment Date
05 February 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Crown Court Ruling
Outcome
appeal allowed
Legal Topics
Adjournment of Trial, Sexual Offences, Reporting Restrictions, Availability of Counsel
Criminal Law Procedure Adjournment of Trial Sexual Offences Reporting Restrictions Availability of Counsel

Case Brief

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Parties

Rex

Applicant

B O D

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Crown Court Ruling

Legal Issues

  1. 1 Whether the Crown Court judge erred in refusing to adjourn the trial due to lack of prosecution counsel
  2. 2 Whether the interests of justice required an adjournment in a serious sexual offence case

Ratio Decidendi

The judge erred in principle and acted unreasonably by refusing an adjournment in a serious sexual offence case where no prosecution counsel was available; the interests of justice required the trial to be delayed rather than terminated.

Court Disposition

appeal allowed

Orders

  • leave to appeal granted
  • ruling reversed