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On Friday, September 20, 2019, 11:16 am, Stuart McDonald <smm@hallinans.co.uk> wrote:
I’m pretty certain the Magistrates’ Court cannot send a defendant to the Crown Court for trial in absentia. S.51 of the Crime and Disorder Act 1998 speaks of an adult “appearing or being brought before” the Court and I doubt the good ol’ Ways & Means Act will extend to cover the problem.
Stuart McDonald
Hallinan Blackburn Gittings & Nott LLP
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From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Jude Lanchin
Sent: 20 September 2019 10:58
To: 'members@mail.lccsa.org.uk'
Subject: SENDING DEFENDANT TO CC IN ABSENCE
Importance: High
Hi All,
My client is a serving prisoner facing 2 indictable only offences at HCMC. He is in a prison which doesn’t have VL facilities. He really doesn’t want to be produced for the first hearing as this will completely disrupt his current education.
Ive written to the court asking for this to be done in his absence with written authority from him. However, I’m aware there is no legal provision to do so; I was hoping perhaps they would see fit to exercise their inherent jurisdiction – a long shot I know.
Has anyone had any experience of this and succeeded?
Thanks.
Jude
Jude Lanchin | Associate | Bindmans LLP
Crime Fraud and Regulatory
T: +44(0)20 7833 4433 | D: +44 20 7833 7813 | F: +44(0)20 7014 2076
j.lanchin@bindmans.com | www.bindmans.com
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