QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE DEPARTMENT OF WORKS AND PENSIONS||(CLAIMANT)|
|SARAH JANE BARTON-HARVEY||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The DEFENDANT was not represented and did not appear
Crown Copyright ©
"We were not persuaded by Mr Brown's evidence that there would definitely be a prosecutor in court later on that day."
"1. The respondent had been in custody for a number of hours by the time the case was called, and that it was not appropriate for her to continue to remain in custody for a further unknown period given her personal circumstances [a reference to her young children].
"2. The monies were being repaid to the appellant regularly by deduction from her benefit.
"3. We had already put the case back in the list to enable time for a prosecutor to attend until 11.20 am ...
"4. It was not in the interests of justice, and unfair to the respondent to further delay this matter, and that the case should rightly be dismissed for want of prosecution at that stage."