How Can I Get My Case Adjourned?

Courts play a central role in enforcing the law and ensuring that justice is served fairly and efficiently. Whilst the goal is often to resolve cases promptly, there are times where it becomes necessary to delay a case to ensure the rights of the parties are protected. This delay is known as an adjournment.

Ultimately an adjournment means that the Court will deal with your case at a later date. The decision to grant an adjournment lays with the Court as they will need to weigh whether the reasoning for requesting an adjournment justifies the delay, even if the accused and prosecution are in agreement.

However, if you enter a plea of not guilty, your case will generally be adjourned for 6 weeks to allow police to serve the ‘brief of evidence’, which is the material they rely on to support their case against you.

Reasons for Requesting an Adjournment

Adjournments may be useful for a number of reasons, such as:

• obtaining legal representation;
• arranging an interpreter;
• reviewing the evidence presented;
• gathering additional evidence or adjust current evidence;
• collecting evidence in your favour, such as witness statements or expert evidence; and
• requesting the prosecution to withdraw charges or the police ‘facts’ to be amended.

If you are seriously ill or have been in an accident and are unable to attend Court, you can contact the court by phone or email to request an adjournment. Be prepared to provide evidence of your condition, such as a medical certificate which specifically states you are not in a condition to attend court, as well as the length of time you are unable to attend, to support your request.

However, it is important to be aware that a medical certificate may not be enough for the case to be adjourned, especially if your matter is listed for an important court date such as a defended hearing (when witnesses attend to give their testimony, and the court decides whether you are guilty or not guilty) or a sentencing hearing (when the court receives materials, hears submissions and decides your penalty). So, it’s important not to assume your matter will be adjourned and to contact the court registry during the day to check.

Adjournments may also be granted for you to participate in rehabilitation programs such as the MERIT program – which is a 12 week program designed to address underling drug problems.

If you have made an application for Legal Aid and have been refused, you have the right to appeal to the Legal Aid Review Committee. In the meantime, the Court must adjourn proceedings unless the appeal is vexatious or frivolous. However, such an appeal cannot be used merely to hinder court proceedings to go ahead. For example, if you knew your court date months in advance and made no attempt to collect necessary documents before you appear in court, the magistrate may not allow you to adjourn on that basis.

Additionally, if you are unrepresented, the Court should grant an adjournment unless there is a fault on your part, so an adjournment application to get legal representation will normally be granted. However if you have had adequate time to prepare and find a lawyer but chosen not to do so, the magistrate may be reluctant to do so.

Grounds for Granting an Adjournment

Short adjournments (for instance, a few hours or days) are often easier to secure than longer delays.

When requesting an adjournment the Court takes into account:

• the effect an adjournment will have on your interests, the prosecution, witnesses, jurors and the administration of justice generally; and
• the fact that a refusal of your request to adjourn can result in procedural unfairness.

Factors that could lead to a request being denied by the Court include:

• inadequate supporting documentation;
• requests that seem unreasonable; and
• whether an adjournment will have negative effects on the administration of justice.

An exception to granting an adjournment occurs when your case is scheduled for a defended hearing and all witnesses are present in Court. In such situations, a magistrate is often very reluctant to adjourn the case. If you wish to adjourn a defended hearing because you are unprepared you must submit a ‘application to vacate’ prior to the hearing date. This application is typically reviewed and decided prior to the hearing.

Whether to grant an adjournment remains at the discretion of the magistrate.

Alternatives to an Adjournment

There are other options to simply adjourning cases from court date to court date.

In that regard, it is highly recommended that you (or your lawyer on your behalf) formulate a defences strategy and build a defence case with a view to having your charges withdrawn as your case moves along.

This can often be achieved by obtaining favourable materials – whether by way of subpoena, briefs to forensic expert, defence witnesses and/or otherwise – and preparing and submitting what are known as ‘representations‘ to the prosecution, which can highlight deficiencies in the prosecution case, evidence that calls it into question, any available legal defences etc and formally requests the withdrawal or downgrading of the charges.

But if it’s a short period of time you require on the day of court, you may be able to either attend court in the morning or, if you are unable to attend, write to the court and ask for your matter to be ‘stood in the list.’ This means your matter will still be heard on the same day but after the other cases, but at a later time.

If you are able to attend in the morning, it is a good idea to approach the court officer and advise them as early as possible. Don’t wait until your case is called, as the magistrate may choose to deal with it on the spot.

Exactly how much extra time this will give you is never certain, because it depends on how many other cases the magistrate has to hear that day. At a busy courthouse like the Downing Centre Local Court, such a request could get you a few hours. If you are not able to attend and you communicate with the court by email, it is strongly advised you call the court to check the status of your case, so as to minimise the risk you will have an unfavourable decision made in your absence.