The Crown Prosecution Service, R (On the Application Of) v Ipswich Crown Court

The Crown Prosecution Service, R (On the Application Of) v Ipswich Crown Court

The judge erred by taking into account irrelevant considerations—namely, the timing of arrest and charge, and the period Mr Adams would remain in custody after expiry of the time limit—when assessing whether the prosecution acted with all due diligence and expedition. Only the period after charge is relevant. The decision must be quashed and reconsidered on the correct legal basis.

Parties
Claimant: Crown Prosecution Service; Defendant: Ipswich Crown Court
Jurisdiction
England and Wales
Judgment Date
06 May 2010
Procedural Posture
Judicial Review / Judgment After Expedited Hearing
Outcome
Decision quashed; matter remitted for reconsideration
Legal Topics
Custody Time Limits, Due Diligence of Prosecution, Extension of Time Limits, Judicial Discretion
Criminal Law Judicial Review Custody Time Limits Due Diligence of Prosecution Extension of Time Limits Judicial Discretion

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Parties

Crown Prosecution Service

Claimant

Ipswich Crown Court

Defendant

Procedural Posture

Judicial Review / Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether the judge erred in refusing to extend the custody time limit for the accused under section 22(3) of the Prosecution of Offences Act 1985
  2. 2 Whether the prosecution acted with all due diligence and expedition as required by law

Ratio Decidendi

The judge erred by taking into account irrelevant considerations—namely, the timing of arrest and charge, and the period Mr Adams would remain in custody after expiry of the time limit—when assessing whether the prosecution acted with all due diligence and expedition. Only the period after charge is relevant. The decision must be quashed and reconsidered on the correct legal basis.

Court Disposition

Decision quashed; matter remitted for reconsideration

Orders

  • The decision of Judge Goodin of 6 April 2010 refusing to extend the custody time limit is quashed.
  • The issue of extension of the custody time limit is to be reconsidered by the judge as soon as possible.