Raeside, R (on the application of) v Crown Prosecution Service

Raeside, R (on the application of) v Crown Prosecution Service

The decision to extend the Custody Time Limit was unlawful because the necessary enquiries to find an earlier trial date within the CTL were not made, and there was no good and sufficient cause shown to justify the extension. The case was not of such complexity as to justify the unavailability of a judge or courtroom as good and sufficient cause, and the defence's failure to object at the PCMH did not relieve the State of its obligations.

Parties
Claimant: Raeside; Defendant: Luton Crown Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
23 April 2012
Procedural Posture
Judicial Review / Judgment on Rolled Up Application for Judicial Review
Outcome
Application allowed; decision to extend CTL quashed
Legal Topics
Custody Time Limits, Extension of Custody Time Limits, Listing of Criminal Trials, Due Diligence in Prosecution, Role of Defence in Trial Listing
Criminal Law Judicial Review Criminal Procedure Custody Time Limits Extension of Custody Time Limits Listing of Criminal Trials Due Diligence in Prosecution Role of Defence in Trial Listing

Case Brief

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Parties

Raeside

Claimant

Luton Crown Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment on Rolled Up Application for Judicial Review

Legal Issues

  1. 1 Whether the Crown Court's decision to extend the Custody Time Limit (CTL) was lawful
  2. 2 Whether sufficient enquiries were made to find an earlier trial date within the CTL
  3. 3 Whether the actions or inactions of the defence at the Plea and Case Management Hearing (PCMH) provided good and sufficient cause to extend the CTL

Ratio Decidendi

The decision to extend the Custody Time Limit was unlawful because the necessary enquiries to find an earlier trial date within the CTL were not made, and there was no good and sufficient cause shown to justify the extension. The case was not of such complexity as to justify the unavailability of a judge or courtroom as good and sufficient cause, and the defence's failure to object at the PCMH did not relieve the State of its obligations.

Court Disposition

Application allowed; decision to extend CTL quashed

Orders

  • Permission granted for judicial review
  • Decision of Luton Crown Court to extend Custody Time Limit quashed