Amoako, R (on the application of) v Director of Public Prosecutions

Amoako, R (on the application of) v Director of Public Prosecutions

The notice of appeal was out of time because the seven-day period began on the calendar day the order was made, not the next business day, and there is no legal basis to extend or alter this period based on the time of day the order was pronounced.

Parties
Claimant: Kofi Amoako; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
24 February 2006
Procedural Posture
Judicial Review Application / Procedural Application—challenge to Rejection of Notice of Appeal as Out of Time
Outcome
application dismissed
Legal Topics
Computation of Time, Notice of Appeal, Court Business Hours
Extradition Law Criminal Procedure Computation of Time Notice of Appeal Court Business Hours

Case Brief

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Parties

Kofi Amoako

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Judicial Review Application / Procedural Application—challenge to Rejection of Notice of Appeal as Out of Time

Legal Issues

  1. 1 Whether the notice of appeal was lodged within the permitted period under section 26 of the Extradition Act 2003
  2. 2 Whether the day on which the order is made should be interpreted as the business day or the actual calendar day

Ratio Decidendi

The notice of appeal was out of time because the seven-day period began on the calendar day the order was made, not the next business day, and there is no legal basis to extend or alter this period based on the time of day the order was pronounced.

Court Disposition

application dismissed

Orders

  • Notice of appeal remains rejected as out of time.
  • No order as to Legal Aid.