Walpole v Director of Public Prosecutions

Walpole v Director of Public Prosecutions

There was compliance with the statutory criteria for the extension of the custody time limit and the decision of the Crown Court Judge was not Wednesbury unreasonable. The application for judicial review is dismissed.

Source-derived case information.

Parties
Claimant: Derrick Walpole; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
03 September 2003
Procedural Posture
Judicial Review / Substantive and Permission Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Custody Time Limits, Extension of Time, Judicial Discretion
Criminal Law Judicial Review Custody Time Limits Extension of Time Judicial Discretion

Source-derived case record

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Parties

Derrick Walpole

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Judicial Review / Substantive and Permission Hearing

Legal Issues

  1. 1 Whether the Crown Court judge properly considered the statutory requirements for extending custody time limits under section 22(3) of the Prosecution of Offences Act 1985
  2. 2 Whether the extension was justified in the absence of a fixed trial date, judge, or court
  3. 3 Whether administrative convenience can justify extension of custody time limits

Ratio Decidendi

There was compliance with the statutory criteria for the extension of the custody time limit and the decision of the Crown Court Judge was not Wednesbury unreasonable. The application for judicial review is dismissed.

Court Disposition

Application for judicial review dismissed

Orders

  • Permission to apply for judicial review granted
  • Application for judicial review dismissed