Thomas v Central Criminal Court

Thomas v Central Criminal Court

The correct statutory construction of Section 22(3) of the Prosecution of Offences Act 1985 requires the court, when considering a further extension, to focus on due diligence and expedition in relation to the matters giving rise to the need for that further extension. Earlier periods of delay can only be considered if they were the root cause of the need for the current extension. In this case, the judge was entitled to find that the prosecution had acted with all due diligence and expedition, and the delay was caused by external factors beyond the prosecution's control.

Parties
Claimant: Stefon Thomas; Claimant: Marlon Stubbs; Interested Party: Sanjay Webster; Defendant: Central Criminal Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
07 July 2006
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review
Outcome
Application for judicial review refused
Legal Topics
Custody Time Limits, Extension of Time, Due Diligence, Judicial Discretion
Criminal Law Judicial Review Custody Time Limits Extension of Time Due Diligence Judicial Discretion

Case Brief

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Parties

Stefon Thomas

Claimant

Marlon Stubbs

Claimant

Sanjay Webster

Interested Party

Central Criminal Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether the judge erred in law or was unreasonable in extending custody time limits under Section 22(3) of the Prosecution of Offences Act 1985
  2. 2 Whether the prosecution acted with all due diligence and expedition as required by statute
  3. 3 Whether earlier periods of delay could be relied upon as the root cause for a further extension

Ratio Decidendi

The correct statutory construction of Section 22(3) of the Prosecution of Offences Act 1985 requires the court, when considering a further extension, to focus on due diligence and expedition in relation to the matters giving rise to the need for that further extension. Earlier periods of delay can only be considered if they were the root cause of the need for the current extension. In this case, the judge was entitled to find that the prosecution had acted with all due diligence and expedition, and the delay was caused by external factors beyond the prosecution's control.

Court Disposition

Application for judicial review refused

Orders

  • Separate orders for detailed assessment of claimants' costs for the purposes of public funding