Director of Public Prosecutions v Lewes Crown Court

Director of Public Prosecutions v Lewes Crown Court

The custody time limit applicable in the magistrates’ court following remission under section 46ZA is 70 days, and does not include time spent in the custody of the Crown Court; the judge’s approach to aggregate both periods was wrong in law.

Source-derived case information.

Parties
Claimant: Director of Public Prosecutions; Defendant: Lewes Crown Court; Interested Party: Felix Eric Reilly
Jurisdiction
England and Wales
Judgment Date
22 July 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; judge’s decision quashed.
Legal Topics
Custody Time Limits, Remission to Magistrates' Court, Jurisdiction, Bail
Criminal Law Judicial Review Custody Time Limits Remission to Magistrates' Court Jurisdiction Bail

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Director of Public Prosecutions

Claimant

Lewes Crown Court

Defendant

Felix Eric Reilly

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a custody time limit governs the period following remission to the magistrates’ court under section 46ZA of the Senior Courts Act 1981
  2. 2 Whether the Crown Court judge had jurisdiction to determine the custody time limit after remission
  3. 3 How the custody time limit should be calculated post-remission

Ratio Decidendi

The custody time limit applicable in the magistrates’ court following remission under section 46ZA is 70 days, and does not include time spent in the custody of the Crown Court; the judge’s approach to aggregate both periods was wrong in law.

Court Disposition

Claim allowed; judge’s decision quashed.

Orders

  • Decision of the judge that the custody time limit had expired as at 14 December 2023 is quashed.
  • No further order as the case against Mr. Reilly has concluded in the magistrates’ court.