Pierens, R (on the application of) v Customs & Excise

Pierens, R (on the application of) v Customs & Excise

The judge was entitled to consider the entire period of proceedings and the causes of delay, including defence applications for evidence, and found that these constituted good and sufficient cause for extending custody time limits, despite some administrative delay by the court office.

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 / Judgment
Outcome
application dismissed
Legal Topics
Custody Time Limits, Judicial Review, Court Administration Delay
Criminal Law Administrative Law Custody Time Limits Judicial Review Court Administration Delay

Case Brief

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Parties

Patrick Joanna Emile Pierens

Claimant

Middlesex Guildhall Crown Court

Defendant

HM Customs & Excise

Interested Party

Procedural Posture

Judicial Review / 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
  2. 2 Whether delay caused by court administration can justify extension of custody time limits

Ratio Decidendi

The judge was entitled to consider the entire period of proceedings and the causes of delay, including defence applications for evidence, and found that these constituted good and sufficient cause for extending custody time limits, despite some administrative delay by the court office.

Court Disposition

application dismissed

Orders

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