Case adjourned. A phrase you may have heard before on your favourite TV show or on the news. But when can cases actually be adjourned, and what does this even mean? An adjournment is essentially the putting off or postponing of legal proceedings. The court may attach certain conditions to the party that requested the adjournment.
What are the benefits of an adjournment?
Before discussing some situations where an adjournment is common, it’s important you’re aware of the benefits. Apart from re-enforcing procedural fairness within the justice system, applying for an adjournment can benefit you in a few ways.
Court’s adjourn cases for multiple reasons and provide you time to seek and acquire legal representation or an interpreter. Furthermore, it provides you the time to assess the strength of the case against you. You can utilise this time by collecting and organising evidence, particularly more time-straining forms of evidence such as witness statements or expert evidence.
Also, an adjournment gives you time to persuade the prosecution to consider withdrawing the charges, or for the police to amend their facts.
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When Are Cases Adjourned In Court?
When a defendant first appears in court, the case can be adjourned so the defendant can obtain legal advice or otherwise prepare for the case. Your reason for adjournment must be sufficiently justified. A birthday, holiday or social event will not suffice.
If you plead not guilty, usually your case will be adjourned for six weeks. This is to allow police to provide the ‘brief of evidence’, which is the material they rely on to form their case against you.
Court’s will likely adjourn cases with unrepresented litigants, to provide time to acquire adequate legal representation. However, if you have had sufficient time to do so but have decided not to, the magistrate will be unlikely to grant an adjournment.
When granting an adjournment, Courts usually accept personal reasons such as medical issues. Whether that be an illness or an appointment that can’t be rescheduled. Either way, it’s important you prepare and inform the Court that you wish to be granted an adjournment as soon as possible.
What are the Court’s powers?
Parties don’t decide whether a matter is to be adjourned, a request must be made to the magistrate or Judge. The Court has the power to adjourn the hearing of any matter in appropriate circumstances. Court’s exercise this power in accordance with the overriding purpose of the Civil Procedure Act. That is to facilitate the just, quick and cheap resolution of the real issues in the proceedings. The court will consider the particular interests of the individual litigants as well as the effect of an adjournment on court resources. If the judge believes the benefits of granting an adjournment outweigh the reasons against it, it will be ordered. In any case, it’s crucial you adhere to any Orders of the Court that are made.
Final Thoughts
An adjournment can provide you the vital time you need to prepare before your day in court. Before seeking an adjournment, your best option is to try and get your case dropped before it even reaches the courtroom. Speak to one of our expert lawyers today for more information on the next steps.
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