Gill, R. v [2023] EWCA Crim 976 (20 June 2023)

Gill, R. v [2023] EWCA Crim 976 (20 June 2023)

The prosecution acted with all due expedition by uploading the indictment, corresponding with the court, and seeking listing for arraignment. The principal failure was on the part of the court in not listing the case for arraignment within the statutory period. The prosecution's actions were sufficient to discharge their duty under s.8(1B)(b)(i) of the Criminal Appeal Act 1968. Leave to arraign out of time is therefore granted.

Citation
[2023] EWCA Crim 976
Parties
Prosecution: Rex; Defendant: Kuran Gill
Jurisdiction
England and Wales
Judgment Date
20 June 2023
Procedural Posture
Criminal Appeal / Application for Leave to Arraign Out of Time and Counter Application to Set Aside Retrial Order
Outcome
Prosecution application for leave to arraign out of time allowed; defendant's application to set aside retrial order refused.
Legal Topics
Arraignment, Retrial, Expedition in Criminal Proceedings, Criminal Appeal Act 1968 S.8, Court Listing Procedures
Criminal Law Criminal Procedure Arraignment Retrial Expedition in Criminal Proceedings Criminal Appeal Act 1968 S.8 Court Listing Procedures

Case Brief

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Parties

Rex

Prosecution

Kuran Gill

Defendant

Procedural Posture

Criminal Appeal / Application for Leave to Arraign Out of Time and Counter Application to Set Aside Retrial Order

Legal Issues

  1. 1 Whether the prosecution acted with all due expedition in seeking to arraign the defendant within the statutory time limit after an order for retrial
  2. 2 Whether leave should be granted to arraign the defendant out of time or the retrial order should be set aside and an acquittal entered

Ratio Decidendi

The prosecution acted with all due expedition by uploading the indictment, corresponding with the court, and seeking listing for arraignment. The principal failure was on the part of the court in not listing the case for arraignment within the statutory period. The prosecution's actions were sufficient to discharge their duty under s.8(1B)(b)(i) of the Criminal Appeal Act 1968. Leave to arraign out of time is therefore granted.

Court Disposition

Prosecution application for leave to arraign out of time allowed; defendant's application to set aside retrial order refused.

Orders

  • Arraignment to take place by 26 June 2023; case to be listed for that purpose.