Bromley, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 112 (Admin) (03 February 2010)

Bromley, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 112 (Admin) (03 February 2010)

Procedural irregularities in the constitution of the Crown Court or the form of a bench warrant, absent prejudice or clear statutory intent, do not render the warrant or sentence invalid or the resulting detention unlawful. The claimant suffered no prejudice and Parliament did not intend such procedural lapses to invalidate the proceedings or entitle the claimant to damages.

Citation
[2010] EWHC 112 (Admin)
Parties
Claimant: Michelle Bromley; First Defendant: Secretary of State for Justice (on behalf of the Crown Court at Maidstone); Second Defendant: Chief Constable of Kent
Jurisdiction
England and Wales
Judgment Date
03 February 2010
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Claims dismissed
Legal Topics
Unlawful Detention, Constitution of Crown Court, Bench Warrant, Article 5 ECHR, Procedural Irregularity, Sentencing
Criminal Law Judicial Review Human Rights Unlawful Detention Constitution of Crown Court Bench Warrant Article 5 ECHR Procedural Irregularity +1 more

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Parties

Michelle Bromley

Claimant

Secretary of State for Justice (on behalf of the Crown Court at Maidstone)

First Defendant

Chief Constable of Kent

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the bench warrant for Michelle Bromley's arrest was unlawful due to procedural or jurisdictional defects
  2. 2 Whether the sentence imposed by a Crown Court not properly constituted was unlawful and rendered her detention unlawful
  3. 3 Whether procedural defects in court constitution or warrant form render actions or detention unlawful under relevant statutes and ECHR

Ratio Decidendi

Procedural irregularities in the constitution of the Crown Court or the form of a bench warrant, absent prejudice or clear statutory intent, do not render the warrant or sentence invalid or the resulting detention unlawful. The claimant suffered no prejudice and Parliament did not intend such procedural lapses to invalidate the proceedings or entitle the claimant to damages.

Court Disposition

Claims dismissed