Al-Jaryan, R. v

Al-Jaryan, R. v

The prosecution failed to act with all due expedition in securing arraignment within the statutory deadline after the retrial order. No urgent or purposeful steps were taken to ensure compliance, and the delay was not justified by the circumstances. Therefore, leave to arraign out of time is refused and the order for retrial is set aside.

Parties
Defendant: Muner Al-Jaryan; Prosecution: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
07 December 2020
Procedural Posture
Criminal Appeal / Application for Leave to Arraign Out of Time After Retrial Order
Outcome
application for leave to arraign out of time refused; order for retrial set aside; acquittal directed
Legal Topics
Retrial Procedure, Arraignment Deadlines, Expedition in Prosecution, Acquittal After Failed Retrial Process
Criminal Law Criminal Procedure Retrial Procedure Arraignment Deadlines Expedition in Prosecution Acquittal After Failed Retrial Process

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Parties

Muner Al-Jaryan

Defendant

Regina (The Crown)

Prosecution

Procedural Posture

Criminal Appeal / Application for Leave to Arraign Out of Time After Retrial Order

Legal Issues

  1. 1 Whether the prosecution acted with all due expedition in seeking arraignment within the statutory deadline after a retrial order
  2. 2 Whether there is good and sufficient cause for a retrial despite the lapse of time since the order

Ratio Decidendi

The prosecution failed to act with all due expedition in securing arraignment within the statutory deadline after the retrial order. No urgent or purposeful steps were taken to ensure compliance, and the delay was not justified by the circumstances. Therefore, leave to arraign out of time is refused and the order for retrial is set aside.

Court Disposition

application for leave to arraign out of time refused; order for retrial set aside; acquittal directed

Orders

  • Leave to arraign the defendant outside the statutory two-month period is refused.
  • Order for retrial dated 19 March 2020 is set aside.