Key Facts
- •Junior Lawal's appeal against conviction was dismissed by the Crown Court at Cambridge on 15 November 2021 due to his absence.
- •Lawal was unrepresented and running late for the hearing.
- •The court dismissed the appeal without hearing evidence after waiting approximately 1 hour and 45 minutes.
- •Lawal subsequently applied to reopen the appeal, but this was refused.
- •Lawal brought judicial review proceedings challenging the Crown Court's decision.
Legal Principles
The Crown Court has the power to dismiss an appeal from the Magistrates' Court where the unrepresented appellant fails to attend, but this is a power, not a requirement.
R v Croydon Crown Court, Ex p. Clair [1986] 1 WLR 746
When deciding whether to dismiss or adjourn a hearing, the court must apply the interests of justice test, balancing the appellant's interests with those of the prosecution, witnesses, and the court's caseload.
R v Doncaster Magistrates Court Ex p. Blick [2008] EWCA 2698; R v Khan [2021] EWCA Crim 1526
The court's convenience cannot outweigh the interests of justice.
R v Doncaster Magistrates Court Ex p. Blick [2008] EWCA 2698
Outcomes
The Crown Court's decision to dismiss Lawal's appeal was quashed.
The court acted unreasonably in dismissing the appeal without further adjournment, given Lawal's lateness, lack of representation, attempts to contact the court, and the fact he was on his way.
The Crown Court was directed to hear Lawal's appeal.
The interests of justice required a further adjournment to allow Lawal to present his case.