Regan, R. v

This is a non-counsel application for leave to appeal against sentence. The Court Office received yesterday afternoon at about 4pm an application to adjourn this case, to take it out of the list. Normally such an application at such a late stage would be refused. However, the basis of the application was that trial counsel was willing to act pro bono and wished for time to study the case and prepare to represent the applicant on a future hearing.

We have come to the conclusion that in those circumstances it is right for the court to adjourn the case. The court is much indebted to advocates - solicitor advocates and counsel - who appear pro bono on applications for leave to appeal.

Having said that, it causes massive disruption to the court if applications to adjourn are made at such a late stage. This results in the loss of a listing slot, and some other case which could be in today's list (today being the last day of term) is not there. On top of that, it is a huge waste of judicial time. Each member of this court has spent a great deal of time studying this case, doing some research and reflecting about it. It is very important that a judge's preparation time is devoted to cases which are effective.

In the circumstances this case will be adjourned to a date to be fixed. If possible it should come back before a court of which I am a member of the constitution.

We hope that the message will go out loudly and clearly that even when counsel are acting pro bono, it is vital that applications for an adjournment are made in good time and not at the very last moment.