sec.88Adjournment of the hearing

### sec.88 Adjournment of the hearing In any case of a charge of a simple offence or breach of duty the justices present, or, if only 1 justice is present, that justice may— adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties then present, or of his, her or their lawyers or agents then present; or adjourn the hearing and leave the time and place at which the hearing is to be continued to be later determined by such justices, or, as the case may be, justice. However, a hearing so adjourned shall not be continued at a time and place so determined unless the justices then present are satisfied that the parties thereto have been given reasonable notice of such determination. The power to adjourn a hearing conferred upon justices or a justice by subsection (1) includes power to adjourn a hearing to enable the matter of a charge of a simple offence or breach of duty to be the subject of a mediation session under the Dispute Resolution Centres Act 1990 . Also, the power to adjourn a hearing under subsection (1) includes power to adjourn the hearing on an application to which all the parties consent, made to the justice or justices. Upon adjourning a hearing the justices or, if only 1 justice is present, that justice— may commit the defendant; or whether or not the defendant is in custody, may grant the defendant bail or suffer the defendant to go at large without bail. Upon an adjournment the justices or, as the case may be, the justice may order that costs of and occasioned by the adjournment be paid by any party to any other party as to the justices or justice may appear just. s 88 amd 1949 13 Geo 6 No. 30 s 13 sub 1964 No. 32 s 33 amd 1980 No. 35 s 4 (1) sch 1 ; 1990 No. 35 s 5 .9(1)(b); 1996 No. 79 s 57 ; 2004 No. 11 s 596 sch 1 ; 2010 No. 42 s 120 sch (sec.88-ssec.1) In any case of a charge of a simple offence or breach of duty the justices present, or, if only 1 justice is present, that justice may— adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties then present, or of his, her or their lawyers or agents then present; or adjourn the hearing and leave the time and place at which the hearing is to be continued to be later determined by such justices, or, as the case may be, justice. (sec.88-ssec.1A) However, a hearing so adjourned shall not be continued at a time and place so determined unless the justices then present are satisfied that the parties thereto have been given reasonable notice of such determination. (sec.88-ssec.1B) The power to adjourn a hearing conferred upon justices or a justice by subsection (1) includes power to adjourn a hearing to enable the matter of a charge of a simple offence or breach of duty to be the subject of a mediation session under the Dispute Resolution Centres Act 1990 . (sec.88-ssec.1C) Also, the power to adjourn a hearing under subsection (1) includes power to adjourn the hearing on an application to which all the parties consent, made to the justice or justices. (sec.88-ssec.2) Upon adjourning a hearing the justices or, if only 1 justice is present, that justice— may commit the defendant; or whether or not the defendant is in custody, may grant the defendant bail or suffer the defendant to go at large without bail. (sec.88-ssec.3) Upon an adjournment the justices or, as the case may be, the justice may order that costs of and occasioned by the adjournment be paid by any party to any other party as to the justices or justice may appear just. - (a) adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties then present, or of his, her or their lawyers or agents then present; or - (b) adjourn the hearing and leave the time and place at which the hearing is to be continued to be later determined by such justices, or, as the case may be, justice. - (a) may commit the defendant; or - (b) whether or not the defendant is in custody, may grant the defendant bail or suffer the defendant to go at large without bail.