Armstrong, R (on the application of) v Crown Prosecution Service
The court held that, in light of the authorities and the positive duty on the court, enquiries should have been made at other London courts before extending custody time limits; failure to do so meant the extension was not properly granted.
- Parties
- Claimant: Leonard Armstrong; Defendant: Crown Prosecution Service
- Jurisdiction
- England and Wales
- Judgment Date
- 27 August 2004
- Procedural Posture
- Judicial Review / Permission Application and Substantive Hearing
- Outcome
- Application granted; matter remitted to Crown Court
- Legal Topics
- Custody Time Limits, Extension of Time, Listing of Cases, Judicial Duty
Case Brief
Summary, issues, holding and outcome
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Parties
Leonard Armstrong
Claimant
Crown Prosecution Service
Defendant
Procedural Posture
Judicial Review / Permission Application and Substantive Hearing
Legal Issues
- 1 Whether the Crown Court erred in extending custody time limits without making enquiries at other courts for earlier trial dates
- 2 Whether there is a positive duty on the court to ensure all reasonable steps are taken before extending custody time limits
Ratio Decidendi
The court held that, in light of the authorities and the positive duty on the court, enquiries should have been made at other London courts before extending custody time limits; failure to do so meant the extension was not properly granted.
Court Disposition
Application granted; matter remitted to Crown Court
Orders
- The question of extension of custody time limits is to be reconsidered by the Crown Court at the next mention date.
- Legal Aid certificate to be submitted within 10 days if required.
Full Case Text
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