| R (McPherson) –v- The Ministry of Education [1980] NI 115 |
Certiorari is discretionary and will not be granted if it confers no practical benefit ("beats the air"). |
Used to illustrate that quashing the adjournment decision at this stage would be ineffective and cause confusion. |
| Visvaratnam –v- Brent Magistrates Court [2009] EWHC 3017 (Admin) |
Quashing an adjournment decision based on witness unavailability and suggestion of acquittal. |
Distinguished as not binding; court found acquittal declaration was obiter and High Court cannot declare innocence or acquittal. |
| R –v- Hereford Magistrates Court, ex parte Rowlands [1998] QB 110 |
Judicial review as supervisory jurisdiction over magistrates’ courts; scope and limits of intervention. |
Relied upon to emphasize supervisory role and that judicial review does not substitute merits decision or interfere lightly. |
| Re Morrow and Campbell's Application [2001] NI 261 |
Standard for granting leave to apply for judicial review ("modest hurdle"). |
Applied to conclude Applicants did not meet threshold for leave. |
| Regina –v- IRC, ex parte National Federation of Self Employed and Small Businesses [1982] AC 617 |
Granting leave where an arguable case is disclosed on preliminary examination. |
Referenced to frame leave threshold. |
| Matalulu –v- Director of Public Prosecutions [2003] 4 LRC 712 |
Leave should be refused where the case is manifestly untenable. |
Referenced to support refusal of leave. |
| R (Mullen) –v- Secretary of State for the Home Department [2005] 1 AC 1 |
Criminal law does not provide for proof of innocence; courts rarely declare innocence. |
Used to reject the idea that High Court can declare innocence or acquittal in judicial review. |
| Attorney General's Reference No. 2 of 2001 |
Guidance on reasonable time guarantees under Article 6 ECHR and appropriate remedies for delay. |
Applied to explain the balance between fairness, expedition, and remedies for delay in criminal proceedings. |
| Dyer –v- Watson |
Limits on remedies for breach of reasonable time; trial should not be dismissed unless no fair hearing possible. |
Emphasized public interest in trial and that delay does not automatically warrant dismissal. |
| Re DPP’s Application (No. 1) [2007] NIJB 271 |
Obligation on magistrates to make informed decisions on adjournments considering all relevant factors. |
Binding authority outlining duty of inquiry by magistrates and balancing interests in adjournment decisions. |
| Re DPP’s Application (No. 2) [2007] NIQB 10 |
Further guidance on discretion in adjournment decisions and factors to consider. |
Binding authority confirming approach to adjournments and public interest in speedy justice. |
| Crown Prosecution Service –v- Picton [2006] EWHC 1108 (Admin) |
Relevant law on adjournment discretion and need for rigorous scrutiny of applications. |
Endorsed in local jurisdiction to support principles on adjournment decisions. |
| R v Hendon Justices ex parte DPP [1967] 1 QB 167 |
Prosecution’s right to be heard and public interest in hearing informations. |
Quoted to emphasize prosecutorial rights and court’s duty to hear proper cases. |
| Reg. v. Bolton Magistrates' Court, Ex parte Merna; Reg. v. Richmond Justices, Ex parte Haines [1991] Crim.L.R. 848 |
Intervention where defendant deprived of fair opportunity to present case. |
Referenced in context of fairness and adjournment decisions. |
| Reg. v. Bradford Justices, Ex parte Wilkinson [1990] 1 W.L.R. 692 |
Intervention where witnesses critical to case were unavailable. |
Referenced regarding adjournment and fairness. |
| Reg. v. Bristol Magistrates' Court, Ex parte Rowles [1994] R.T.R. 40 |
Scrutiny of adjournment applications and balancing expedition with fairness. |
Referenced to highlight frustration caused by last-minute adjournments. |
| R v Aberdare Justices ex parte Director of Public Prosecutions (1990) 155 JP 324 |
Principles on adjournment discretion and public interest in criminal justice. |
Referred to in support of adjournment principles. |
| R v Horseferry Road Magistrates' Court, Ex p Bennett |
Abuse of process doctrine and exceptional grounds to stay trial. |
Used to distinguish between stays and acquittals, reinforcing limits on High Court powers. |
| Re McKiernan’s Application [1985] NI 385 |
Respect accorded to English Court of Appeal decisions in construing identical statutes. |
Supported reliance on English authorities in local context. |