Adjournments & Remands

Question 1

Criteria For Adjournments in Magistrate’s Court Proceedings

Answer 1

A magistrates’ court has the authority to adjourn proceedings before a case is sent to the Crown Court or during a summary trial (per MCA 1980, ss. 10 and 18, and D5.34). Under CrimPR 3.5(7) (Supplement, R3.5), the court must consider several factors when deciding whether to adjourn, cancel, or postpone a hearing, including:

1. The potential conflict with its duty under r. 1.3 to uphold the overriding objective and under r. 3.8 to conclude cases promptly.
2. The availability of an alternative hearing date.
3. The necessity of ‘compelling reasons,’ particularly for late applications.
4. The seriousness of any failure to comply with a rule or direction that led to the application.
5. Evidence of unfitness to attend, if the application is based on this ground (see D22.18 for more detail).

Question 2

Judicial Review and Grounds for Challenging Adjournment Decisions

Answer 2

The grant or refusal of an adjournment can be challenged via judicial review (D29.25 et seq.), but magistrates’ courts are urged not to shy away from prompt decisions (CrimPD 5.4.4). The High Court will only intervene in adjournment decisions for compelling reasons, given their discretionary nature, as emphasised in R (CPS) v Uxbridge Magistrates [2007] EWHC 205 (Admin).

Question 3

General Power to Adjourn (S.10(1) of the Magistrates’ Courts Act 1980

Answer 3

A magistrates’ court may adjourn a trial at any time, either before or after starting the trial. This applies even when the court consists of a single justice.

Question 4

Fixing the Time and Place of Resumption (s. 10(2))

Answer 4

When adjourning, the court may either:

1. Set the time and place for the trial to resume, or
2. Leave this to be decided later, unless the accused is remanded in custody.

Question 5

Remanding the Accused (s. 10(4))

Answer 5

When adjourning the trial, the court may remand the accused. If the accused is 18 years or older, the court must remand them if the offence is triable either way, and:

1. The accused was in custody or surrendered to the court on the first appearance, or
2. The accused has been remanded at any point during the proceedings.

The date fixed for the resumption of the trial must correspond to the date on which the accused is required to appear in court according to the remand.

Question 6

Magistrates’ Courts Act 1980, Section 18 Adjournments

Answer 6

Application to Triable Either Way Offences (s. 18(1)).

This section applies when an adult (18+) appears in court charged with an offence triable either way, and:
1. They indicate that they would plead not guilty if the offence were to proceed to trial, or
2. Their representative makes such an indication on their behalf.

Question 7

Power to Adjourn Proceedings (s. 18(4))

Answer 7

The court may adjourn the proceedings at any time. If the accused is present, the court may remand them, and must remand them if:

(a) The accused was in custody or surrendered to the court on their first appearance, or
(b) The accused has been remanded during the course of the proceedings.

The date for resumption must coincide with the date the accused is required to appear in court based on the remand.

Question 8

Remanding the Accused on Adjournments

Answer 8

Power to Remand (MCA 1980, s. 128(1)).

Under MCA 1980, s. 128(1), magistrates’ courts have the discretion to remand an accused either in custody or on bail (per the BA 1976). When a magistrates’ court has the authority to remand an accused, it can either:

1. Remand in custody, which involves committing the accused to be brought before the court at the end of the remand period or earlier if required
2. Remand on bail, under the Bail Act 1976 (BA 1976), which directs the accused to appear at the court at the end of the remand period or at each adjournment if bail is continuous.

Question 9

Remanding Under Sections 10 and 18

Answer 9

The term “remanding” in sections 10 and 18 of the MCA 1980 includes both remand in custody and remand on bail (in accordance with the BA 1976 i.e. directing him to appear before the court at the end of the period of the remand or, if bail is made continuous, directing him to appear at every time to which the proceedings may be adjourned).

Question 10

Section 10 MCA 1980

Answer 10

Section 10 applies to:

1. Appearances for summary offences up until conviction.
2. Appearances for either way offences after the mode of trial has been determined (in favour of summary trial) and until conviction.

Question 11

Section 18 MCA 1980

Answer 11

Governs adjournments until the mode of trial (allocation) is determined for either way offences.

Question 12

Remand Obligation (S.10(4) and S.18(4))

Answer 12

On adjourning proceedings for either way offences, the court must remand the accused (in custody or on bail) unless:
(a) The accused first appeared in answer to a summons or requisition (not in custody or under police bail).
(b) The accused has not been remanded at a prior hearing.

Question 13

Adjourn without remand- fixed dates

Answer 13

There is no need to fix the date for the next hearing at the time of adjourning.

Question 14

Discretion to Adjourn without Remand

Answer 14

The magistrates may, at their discretion, adjourn without remanding the accused in the following circumstances:
(a) For all appearances related to summary offences up to conviction.
(b) For appearances in either way offences up to the determination of trial mode (indictment or summary trial) or summary conviction, provided that:
(i)The accused initially appeared in answer to a summons or requisition, and
(ii) The accused has not been previously remanded.

Question 15

Adjourn with remand- fixed dates

Answer 15

The adjournment date must be fixed forthwith and is the date to which the accused is remanded.

Question 16

Consequences for not attending an adjourned hearing

Answer 16

An accused who is not remanded and who then fails to appear on the date to which the case is adjourned commits no offence, but it may be possible either for an arrest warrant to be issued or for the proceedings to be conducted in the absence of the accused. An accused who has been remanded on bail and who then fails without reasonable cause to surrender to custody commits an offence under the BA 1976.