R v Kuran Gill

R v Kuran Gill

The prosecution complied with its duty to act with all due expedition by uploading the indictment, requesting listing for arraignment, and sending timely emails; the failure to arraign within the statutory period was due to court procedural errors, not prosecution delay. Leave to arraign out of time is granted.

Parties
Prosecution: Rex; Defendant: Kuran Gill
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Application for Leave to Arraign Out of Time and Counter Application to Set Aside Retrial Order
Outcome
leave to arraign out of time granted
Legal Topics
Retrial Procedure, Arraignment, Expedition in Criminal Proceedings
Criminal Law Criminal Procedure Retrial Procedure Arraignment Expedition in Criminal Proceedings

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 arraignment after retrial order
  2. 2 Whether there is good and sufficient cause for retrial despite lapse of time

Ratio Decidendi

The prosecution complied with its duty to act with all due expedition by uploading the indictment, requesting listing for arraignment, and sending timely emails; the failure to arraign within the statutory period was due to court procedural errors, not prosecution delay. Leave to arraign out of time is granted.

Court Disposition

leave to arraign out of time granted

Orders

  • Arraignment must take place by 26 June 2023.
  • Case to be listed for arraignment on Friday of the week of judgment.