Brady v Customs and Excise [2001] EWHC 422 (Admin) (07 June 2001)

Brady v Customs and Excise [2001] EWHC 422 (Admin) (07 June 2001)

Section 152(1) of the Criminal Justice Act 1988 does not prohibit further or repeated applications for remand to customs detention, provided the statutory requirements are satisfied on each occasion. The total period of detention may exceed 192 hours through successive orders, and such construction is not inconsistent with Article 5 of the European Convention on Human Rights.

Citation
[2001] EWHC 422 (Admin)
Parties
Claimant: Johnathan Brady; Defendant: HM Customs and Excise
Jurisdiction
England and Wales
Judgment Date
07 June 2001
Procedural Posture
Application for Writ of Habeas Corpus / Judgment on Application
Outcome
Application dismissed
Legal Topics
Habeas Corpus, Pretrial Detention, Statutory Interpretation, Drug Offences
Criminal Law Human Rights Habeas Corpus Pretrial Detention Statutory Interpretation Drug Offences

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Parties

Johnathan Brady

Claimant

HM Customs and Excise

Defendant

Procedural Posture

Application for Writ of Habeas Corpus / Judgment on Application

Legal Issues

  1. 1 Whether section 152(1) of the Criminal Justice Act 1988 permits repeated remands to customs detention exceeding a total of 192 hours
  2. 2 Whether such repeated remands are compatible with Article 5 of the European Convention on Human Rights

Ratio Decidendi

Section 152(1) of the Criminal Justice Act 1988 does not prohibit further or repeated applications for remand to customs detention, provided the statutory requirements are satisfied on each occasion. The total period of detention may exceed 192 hours through successive orders, and such construction is not inconsistent with Article 5 of the European Convention on Human Rights.

Court Disposition

Application dismissed

Orders

  • Application for writ of habeas corpus refused
  • Leave to appeal refused