Dales, R. v

Dales, R. v

The prosecution failed to act with all due expedition in arranging the defendant's re-arraignment within the statutory two-month period, and thus the application to re-arraign out of time must be refused.

Parties
Applicant: Regina; Respondent: Robert Dales
Jurisdiction
England and Wales
Judgment Date
31 January 2011
Procedural Posture
Criminal Appeal / Application to Re Arraign Out of Time and Application to Set Aside Retrial Order
Outcome
Prosecution application dismissed; defence application to set aside retrial order granted.
Legal Topics
Dangerous Driving, Causing Death by Careless Driving, Re Arraignment, Retrial Procedure, Criminal Appeal Act 1968 Section 8
Criminal Law Dangerous Driving Causing Death by Careless Driving Re Arraignment Retrial Procedure Criminal Appeal Act 1968 Section 8

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Parties

Regina

Applicant

Robert Dales

Respondent

Procedural Posture

Criminal Appeal / Application to Re Arraign Out of Time and Application to Set Aside Retrial Order

Legal Issues

  1. 1 Whether the prosecution acted with all due expedition in seeking to re-arraign the defendant after the expiry of the two-month time limit under section 8 of the Criminal Appeal Act 1968
  2. 2 Whether there is good and sufficient cause for a retrial despite the lapse of time

Ratio Decidendi

The prosecution failed to act with all due expedition in arranging the defendant's re-arraignment within the statutory two-month period, and thus the application to re-arraign out of time must be refused.

Court Disposition

Prosecution application dismissed; defence application to set aside retrial order granted.

Orders

  • Prosecution application for leave to re-arraign out of time is refused.
  • Order for retrial is set aside.