Refusing an adjournment

We have considered the application to adjourn this case and the reasons given. The court expects to make progress at every hearing. We are not satisfied that this case should be delayed because ………… [give details].

[Defence examples:

  • You knew about the hearing some time ago and should have organised legal representation by now.
  • You were charged in this matter on [insert date] and should be in a position to enter a plea today.
  • You are not entitled to see [any] [further] evidence in the case until you enter a plea. Prior to you entering a plea, you are not entitled to see the full prosecution case. If you wish to enter a guilty plea today and potentially obtain some credit towards your sentence you may do so. If you do not, then you must plead not guilty and the court will proceed to trial.

Prosecution examples:

  • You have had [insert length of time] to prepare the committal papers and it is not appropriate to further adjourn.
  • You have had [insert length of time] to review the file. A decision must be made today.
  • The [witnesses] [defendant] have not attended the trial and have not given any good reason for their non-attendance. It is not appropriate to further adjourn the matter. The case will proceed today.]

We are going to deal with your case today.