Merseyside Police v Reynolds

Merseyside Police v Reynolds

The 90-day detention order expired at midnight on 11th May, not at 10:00 am. The requirement for 7 days' notice under Rule 5(3) is directory, not mandatory, and non-compliance did not deprive the justices of jurisdiction or fatally flaw the application.

Parties
Claimant: Chief Constable of Merseyside Police; Defendant: Lawrence Robert Reynolds
Jurisdiction
England and Wales
Judgment Date
19 November 2004
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Proceeds of Crime, Detention of Cash, Statutory Interpretation, Procedural Irregularity
Criminal Law Civil Procedure Proceeds of Crime Detention of Cash Statutory Interpretation Procedural Irregularity

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Parties

Chief Constable of Merseyside Police

Claimant

Lawrence Robert Reynolds

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 When did the 90-day detention order expire?
  2. 2 Was failure to provide 7 days' notice under Rule 5(3) fatal to jurisdiction?
  3. 3 Was the application for continued detention fatally flawed by procedural non-compliance?

Ratio Decidendi

The 90-day detention order expired at midnight on 11th May, not at 10:00 am. The requirement for 7 days' notice under Rule 5(3) is directory, not mandatory, and non-compliance did not deprive the justices of jurisdiction or fatally flaw the application.

Court Disposition

appeal allowed

Orders

  • Matter remitted to a different Bench of Justices for consideration of extension of detention.
  • Assurance given that the Justices have jurisdiction.