R (on the application of) MUSFER JABBAR v THE SHEFFIELD CROWN COURT

R (on the application of) MUSFER JABBAR v THE SHEFFIELD CROWN COURT

Bail granted as a result of refusal to extend the custody time limit constitutes release 'in consequence of the expiry of a custody time limit' under s22(5)(b) POA. The CTL regime ceases to apply upon such release, and subsequent remand in custody is not subject to the original CTL. The claimant's continued detention was lawful.

Parties
Claimant: Musfer Jabbar; Defendant: Sheffield Crown Court; Interested Party: Director of Public Prosecutions; Interested Party: Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
10 March 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Permission to apply for Judicial Review refused.
Legal Topics
Custody Time Limits, Bail, Statutory Interpretation, Remand in Custody
Criminal Law Judicial Review Procedural Law Custody Time Limits Bail Statutory Interpretation Remand in Custody

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Parties

Musfer Jabbar

Claimant

Sheffield Crown Court

Defendant

Director of Public Prosecutions

Interested Party

Lord Chancellor

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the release of the claimant on bail was in consequence of the expiry of a custody time limit under s22(5)(b) Prosecution of Offences Act 1985
  2. 2 Whether the custody time limit regime continued to apply upon subsequent remand in custody after bail was granted
  3. 3 Whether the claimant's continued detention was unlawful after the expiry of the original custody time limit

Ratio Decidendi

Bail granted as a result of refusal to extend the custody time limit constitutes release 'in consequence of the expiry of a custody time limit' under s22(5)(b) POA. The CTL regime ceases to apply upon such release, and subsequent remand in custody is not subject to the original CTL. The claimant's continued detention was lawful.

Court Disposition

Permission to apply for Judicial Review refused.