Pierens, R (on the application of) v Customs & Excise [2003] EWHC 1993 (Admin) (28 July 2003)

Pierens, R (on the application of) v Customs & Excise [2003] EWHC 1993 (Admin) (28 July 2003)

The judge was entitled to consider the entire period of delay, including the context and reasons for all adjournments, and was within his discretion to find good and sufficient cause for extending the custody time limit, despite a relatively minor administrative delay by the court office.

Citation
[2003] EWHC 1993 (Admin)
Parties
Claimant: Patrick Joanna Emile Pierens; Defendant: Middlesex Guildhall Crown Court; Interested Party: HM Customs & Excise
Jurisdiction
England and Wales
Judgment Date
28 July 2003
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Custody Time Limits, Extension of Time, Judicial Discretion, Court Administration Delay
Criminal Law Judicial Review Custody Time Limits Extension of Time Judicial Discretion Court Administration Delay

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Parties

Patrick Joanna Emile Pierens

Claimant

Middlesex Guildhall Crown Court

Defendant

HM Customs & Excise

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether there was good and sufficient cause to extend custody time limits under section 22(3) of the Prosecution of Offences Act 1985 when delay was partly due to court administration error and defence applications

Ratio Decidendi

The judge was entitled to consider the entire period of delay, including the context and reasons for all adjournments, and was within his discretion to find good and sufficient cause for extending the custody time limit, despite a relatively minor administrative delay by the court office.

Court Disposition

Application for judicial review dismissed

Orders

  • Decision of HHJ Matheson to extend custody time limits is upheld
  • Certificate for assessment of claimant's costs granted