Dales, R. v [2011] EWCA Crim 134 (31 January 2011)

Dales, R. v [2011] EWCA Crim 134 (31 January 2011)

The prosecution failed to act with all due expedition as required by section 8(1B) of the Criminal Appeal Act 1968, due to multiple administrative failures and lack of prompt response, making it inappropriate to grant leave for re-arraignment out of time.

Citation
[2011] EWCA Crim 134
Parties
Applicant Crown: Regina; Defendant Respondent: Robert Dales
Jurisdiction
England and Wales
Judgment Date
31 January 2011
Procedural Posture
Criminal Appeal / Application Under Section 8 of the Criminal Appeal Act 1968 for Leave to Re Arraign Out of Time
Outcome
Prosecution application dismissed; defence application to set aside retrial order granted.
Legal Topics
Re Arraignment, Retrial, Due Expedition, Dangerous Driving, Causing Death by Careless Driving, Bad Character Evidence, Procedural Time Limits
Criminal Law Re Arraignment Retrial Due Expedition Dangerous Driving Causing Death by Careless Driving Bad Character Evidence Procedural Time Limits

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Parties

Regina

Applicant Crown

Robert Dales

Defendant Respondent

Procedural Posture

Criminal Appeal / Application Under Section 8 of the Criminal Appeal Act 1968 for Leave to Re Arraign Out of Time

Legal Issues

  1. 1 Whether the prosecution acted with all due expedition in seeking to re-arraign the defendant within the statutory two-month period
  2. 2 Whether there is good and sufficient cause for a retrial despite the lapse of time

Ratio Decidendi

The prosecution failed to act with all due expedition as required by section 8(1B) of the Criminal Appeal Act 1968, due to multiple administrative failures and lack of prompt response, making it inappropriate to grant leave for re-arraignment out of time.

Court Disposition

Prosecution application dismissed; defence application to set aside retrial order granted.

Orders

  • Order for retrial set aside.
  • No leave granted for re-arraignment out of time.