Hadfield v Manchester Crown Court

Hadfield v Manchester Crown Court

The judge's decision that the prosecution acted with due diligence and expedition in obtaining and serving the cell site evidence was rational and lawful, applying the correct legal test. The decision was not perverse and there was no basis for judicial intervention.

Parties
Claimant: Hadfield; Defendant: Manchester Crown Court
Jurisdiction
England and Wales
Judgment Date
02 October 2007
Procedural Posture
Judicial Review / Substantive Hearing After Permission Granted
Outcome
Application dismissed
Legal Topics
Custody Time Limits, Due Diligence, Extension of Time, Judicial Review of Crown Court Decisions
Criminal Law Judicial Review Custody Time Limits Due Diligence Extension of Time Judicial Review of Crown Court Decisions

Case Brief

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Parties

Hadfield

Claimant

Manchester Crown Court

Defendant

Procedural Posture

Judicial Review / Substantive Hearing After Permission Granted

Legal Issues

  1. 1 Whether the Crown Court judge acted perversely in finding that the prosecution acted with all due expedition in seeking an extension of the custody time limit

Ratio Decidendi

The judge's decision that the prosecution acted with due diligence and expedition in obtaining and serving the cell site evidence was rational and lawful, applying the correct legal test. The decision was not perverse and there was no basis for judicial intervention.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Claimant's public funding costs to be taxed