The Crown Prosecution Service said it plans to restart criminal proceedings into a fraud case and an alleged assault involving five men after both cases were discharged by magistrates in Chippenham following a series of delays.

Chairman of the magistrates Priscilla Gray said the CPS had failed to manage the cases properly and took the unusual step of discharging both sets of proceedings.

The CPS said it had been ‘overloaded’ but would be taking immediate steps to restart proceedings in both cases, which will mean the police re-charging the suspects.

The first of the two cases involved a Trowbridge woman charged with defrauding her employer out of £28,000.

Juliette Aland, 44, of Cornbrash Rise, Hilperton, was charged with two counts of fraud by abusing her position at Robert Horne International in November 2007.

Prosecutor Michelle Hewitt asked for a two-week adjournment as they had not had time to prepare the committal papers, after a previous hearing ruled the case should be tried at crown court.

But magistrates discharged the case, agreeing with defence solicitor Simon Graham who said the ‘over-riding’ objective for the CPS is to deal with cases justly.

Mrs Gray said: “We are dismissing the request for an adjournment, which means the case is discharged.

“We are not allowing the CPS to have a further adjournment to get the papers in order.

“We consider they have had plenty of time and failed in their objective.”

In the second case, five men from Bowerhill near Melksham charged with actual bodily harm in connection with an alleged assault on Robert Tasker in Melksham town centre, also had the case against them discharged.

Sam Bourne, 20, of Valencia Court; Christian Coles, 20, of Halifax Road; Joshua Heathcote, 19, of Sunderland Close; Matthew Jenkins, 19, of Sunderland Close and John Smith, 19, of Barnes Wallis Close, were due to be committed to crown court.

But Mrs Gray again said the CPS had failed in its duties. “The case is discharged,” she said. “We feel that the Crown Prosecution Service has failed in its business of providing papers for today. You have all had to take time off work which is very inconvenient for you.”

Talking about both cases, Karen Harrold, Chief Crown Prosecutor for Wiltshire, said: “As these were committal hearings, the prosecution is entitled to recommence the prosecution. The CPS will be taking immediate steps to restart these proceedings.

“Occasionally for various reasons, the CPS is unable to complete the preparation of all case papers within the court’s timetable. Cases that fail to meet these timetables are taken very seriously and steps are taken to try to prevent a reoccurence.”