What Is an Adjournment in a Drink Driving Case?
An adjournment is a postponement of your court hearing to a later date. The magistrates court has the power to adjourn proceedings under section 10 of the Magistrates Courts Act 1980. An adjournment may be requested by the prosecution, the defence or ordered by the court of its own motion.
Adjournments are common in drink driving cases for a variety of practical and legal reasons. The court will only grant an adjournment where it is in the interests of justice to do so. Magistrates are under a duty to manage cases efficiently and avoid unnecessary delays.
When a case is adjourned, a new hearing date will be set and you will be told when to return. You may be released on unconditional bail or bail with conditions depending on the circumstances of your case.
Reasons a Drink Driving Case May Be Adjourned
The most common reasons for adjournment include the unavailability of key witnesses, late service of prosecution evidence, the need for the defendant to obtain legal advice or the court running out of time on a busy list day. The defence may also request an adjournment to obtain expert evidence or medical reports that support the case.
The prosecution may seek an adjournment if they have not served the evidence in time or if a key witness, such as the arresting officer, is unavailable to attend court. The CPS must comply with disclosure obligations before a trial can proceed.
Courts may also adjourn for pre-sentence reports where the magistrates are considering a community order or custodial sentence and require more information about the defendants circumstances before passing sentence.
How Long Can a Drink Driving Case Be Adjourned?
There is no fixed maximum period for a single adjournment, but magistrates courts will typically adjourn for two to four weeks at a time. The overall time limit is more important. For a summary-only offence such as standard drink driving, the prosecution must lay the information within six months of the date of the offence under section 127 of the Magistrates Courts Act 1980.
If the prosecution fails to bring the case to trial within the statutory time limit, the charge may be dismissed. However, this time limit applies to the laying of the charge, not the trial date. Once the charge has been properly laid within six months, there is no absolute deadline for the trial itself, although unreasonable delay may be challenged.
Repeated adjournments without good reason may constitute an abuse of process. Your solicitor can apply to have the case dismissed if the delay is so excessive that a fair trial is no longer possible.
Can You Drive During an Adjournment?
If the court has not imposed an interim disqualification or bail condition restricting your driving, you are legally entitled to continue driving during an adjournment. An interim disqualification can only be imposed under section 26 of the Road Traffic Offenders Act 1988 in specific circumstances, and it is not automatic.
However, if you are subsequently convicted and disqualified, the period of the adjournment does not count toward your disqualification. The ban starts from the date of conviction, not from the date of the offence. This means any delay may extend the overall period before you can drive again after the ban.
If you have any doubt about whether you are permitted to drive during an adjournment, check the terms of your bail and any court orders carefully. Your solicitor can confirm your position.
What to Do If Your Case Is Adjourned
Use the additional time constructively. If you have not yet instructed a solicitor, an adjournment gives you the opportunity to do so. Gather character references, evidence of employment impact and any other material that will support your mitigation. If you have been advised to attend an alcohol awareness course or seek counselling, start the process immediately.
Keep a record of the new court date, any bail conditions and the reasons given for the adjournment. Confirm with your solicitor what steps need to be taken before the next hearing and ensure that any disclosure or evidence requests have been made.
Do not ignore the new court date. Failure to attend will result in a warrant for your arrest under section 13 of the Magistrates Courts Act 1980 and may lead to additional charges. Treat the adjourned hearing with the same seriousness as the original date.