Charges struck out for holiday screw up

EIGHT people have had their charges struck out after police mistakenly ordered they go to court on a public holiday.

Magistrate Kay Philipson yesterday struck out the charges for eight different people because of the mistaken paperwork.

Legal expert Bill Potts, of Potts Lawyers, said ultimately the mistake will mean a “waste of time” for police who will have to reissue the notices to appear.

Ms Philipson struck out the matters in Southport Magistrates Court yesterday because police had issued a Notice to Appear with a return date for a public holiday.

“Police should not be issuing notices to appear for public holidays,” she said.

The court only sits on public holidays to ensure those held in custody on fresh offences have the opportunity to go before a magistrate in a timely manner.

Police issue notices to appear to give a court date to people who have allegedly committed minor offences such as fraud, stealing and drink driving.

Mr Potts said by striking the matters out it did not mean those charged were guilty or not guilty.

“The police will have to go and reserve the person,” he said.

“It’s a waste of police time.” Mr Potts said it was not uncommon for police to get a date wrong and schedule a court date on a public holiday or on a day the courts are not dealing with certain types of matters.

It is not clear how long it will take for police to reissue the notices.