The magistrates had erred in refusing to adjourn the hearing of a summons issued under the Police Property Act 1897 and in making an order in favour of the applicant for the return of a van confiscated from him without affording the police an opportunity to be heard.

The magistrates had been entitled to refuse two applications for adjournments in order to allow evidence to be obtained and adduced in committal proceedings.

The magistrates’ court had been mistaken when refusing an application to adjourn and, despite the delay, the matter was to be remitted.