Adjournment
ADJOURNEMENT
Definition
Adjournment may be defined a s a putting off until another time or place . In other words, it is a putting off or postponing of business or of a session until another time or place; the act of a court, legislative body, public meeting, or officer, by which session or assembly is dissolved, either temporarily or finally, and the business in hand dismissed from consideration, either definitely or for interval. If the adjournment is final, it is said to be sine die. No appointed date for resumption .
However, the proper definition of adjournment is to “postpone, suspend or transfer proceedings”. The lawyer may apply for an adjournment for a short period or for a long term if it necessary for him especially in situations where he or she is caught off guard by what has transpired during a trial. Court usually will grant the application of adjournment if in the opinion of the court that it will avoid of hardship to the parties involved. However, the court may exercise his discretion if in the opinion of the prosecutor that, by the effluxion of time would most certainly affect the ability of his or her witnesses to recall facts.
For example in the case of PP v Tanggaah as states by Sharma J
“...that the longer a period is allowed to elapse from the time of the incident to the time of giving evidence in court, the greater the chances are for confusion to occur and for truth to be obscured”.
Stage of an adjournment
The prosecution and the defence counsel may at any time during the trial apply to the court for postponement and adjournment. The application must be made in writing with the cogent reason stated comply with the application. Then the court will look into the reason stated and determine whether the application should be granted or not. Whatever the decision made the magistrate shall be in writing and be signed and also states the reason of his decision.
Thus, an adjournment may be applied at any stage of trial if in the
Definition
Adjournment may be defined a s a putting off until another time or place . In other words, it is a putting off or postponing of business or of a session until another time or place; the act of a court, legislative body, public meeting, or officer, by which session or assembly is dissolved, either temporarily or finally, and the business in hand dismissed from consideration, either definitely or for interval. If the adjournment is final, it is said to be sine die. No appointed date for resumption .
However, the proper definition of adjournment is to “postpone, suspend or transfer proceedings”. The lawyer may apply for an adjournment for a short period or for a long term if it necessary for him especially in situations where he or she is caught off guard by what has transpired during a trial. Court usually will grant the application of adjournment if in the opinion of the court that it will avoid of hardship to the parties involved. However, the court may exercise his discretion if in the opinion of the prosecutor that, by the effluxion of time would most certainly affect the ability of his or her witnesses to recall facts.
For example in the case of PP v Tanggaah as states by Sharma J
“...that the longer a period is allowed to elapse from the time of the incident to the time of giving evidence in court, the greater the chances are for confusion to occur and for truth to be obscured”.
Stage of an adjournment
The prosecution and the defence counsel may at any time during the trial apply to the court for postponement and adjournment. The application must be made in writing with the cogent reason stated comply with the application. Then the court will look into the reason stated and determine whether the application should be granted or not. Whatever the decision made the magistrate shall be in writing and be signed and also states the reason of his decision.
Thus, an adjournment may be applied at any stage of trial if in the