Not exact matches
Instead
of convictions, cases with white defendants more often end in
adjournment in contemplation
of dismissal, where the case is adjourned for a
period of time and later dismissed if the defendant isn't arrested again..
For the purposes
of this section, continuity
of session is broken only by an
adjournment of Congress sine die, and the days on which either House is not in session because
of an
adjournment of more than three days to a day certain are excluded in the computation
of the thirty - day and sixty - day
periods.
The majority agreed with the trial judge regarding the characterization
of four distinct
periods of delay as: (1) delay caused by actions
of the co-accused and their counsel; (2) institutional delay and «some lack
of focus» on the trial by Crown counsel; (3) a death in the family
of Crown counsel that resulted in an
adjournment; and, (4) failure
of the Crown to disclose an expert's report that «blindsided» the defence.
The court gave guidance on the issue — essentially they will have to make the best
of it and can not withdraw if the court refuses what in its view is a proper
adjournment period in which to prepare the case.
An
adjournment beyond 28 days did not offend the Powers
of Criminal Courts (Sentencing) Act 2000 (PCC (S) A 2000), s 155 as corrections to remedy administrative errors can be made outside the 28 day
period — applying R v Annesley [1976] 1 All ER 589, [1976] 1 WLR 106.