Campbell-Brown v Central Criminal Court & Anor

Campbell-Brown v Central Criminal Court & Anor

The decision to extend the custody time limit was not unlawful as HHJ Wide QC balanced relevant considerations and practical realities, and his decision was not irrational or perverse. The convenience of counsel may constitute good and sufficient cause in appropriate circumstances, but proper judicial scrutiny must precede listing trials beyond custody time limits.

Parties
Claimant: Delton Campbell-Brown; Defendant: Central Criminal Court; Interested Party: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
03 February 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed.
Legal Topics
Custody Time Limits, Extension of Custody Time Limits, Convenience of Counsel, Article 5 and 6 ECHR, Case Management, Judicial Scrutiny
Criminal Law Judicial Review Human Rights Custody Time Limits Extension of Custody Time Limits Convenience of Counsel Article 5 and 6 ECHR Case Management +1 more

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Parties

Delton Campbell-Brown

Claimant

Central Criminal Court

Defendant

Director of Public Prosecutions

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the extension of custody time limits was lawful
  2. 2 Whether convenience of counsel constitutes good and sufficient cause for extension
  3. 3 Whether proper judicial scrutiny was applied before fixing trial date beyond custody time limits

Ratio Decidendi

The decision to extend the custody time limit was not unlawful as HHJ Wide QC balanced relevant considerations and practical realities, and his decision was not irrational or perverse. The convenience of counsel may constitute good and sufficient cause in appropriate circumstances, but proper judicial scrutiny must precede listing trials beyond custody time limits.

Court Disposition

Application for judicial review dismissed.

Orders

  • Application for judicial review is dismissed.