Miah, R (on the application of) v Snaresbrook Crown Court

Miah, R (on the application of) v Snaresbrook Crown Court

Routine listing difficulties are not a good and sufficient cause for extending custody time limits; the recorder erred in granting the extension without finding exceptional circumstances.

Parties
Claimant: The Queen on the application of Miah; Defendant: Snaresbrook Crown Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
19 October 2006
Procedural Posture
Judicial Review / Substantive Hearing Following Grant of Permission
Outcome
Application for judicial review allowed; recorder's decision quashed; bail granted subject to conditions; costs order in favour of claimant subject to public funding assessment.
Legal Topics
Custody Time Limits, Extension of Custody Time Limits, Listing Difficulties, Bail
Criminal Law Judicial Review Custody Time Limits Extension of Custody Time Limits Listing Difficulties Bail

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Parties

The Queen on the application of Miah

Claimant

Snaresbrook Crown Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Substantive Hearing Following Grant of Permission

Legal Issues

  1. 1 Whether routine listing difficulties constitute good and sufficient cause to extend custody time limits
  2. 2 Whether the recorder erred in extending custody time limits without finding exceptional circumstances

Ratio Decidendi

Routine listing difficulties are not a good and sufficient cause for extending custody time limits; the recorder erred in granting the extension without finding exceptional circumstances.

Court Disposition

Application for judicial review allowed; recorder's decision quashed; bail granted subject to conditions; costs order in favour of claimant subject to public funding assessment.

Orders

  • Recorder's decision to extend custody time limit quashed
  • Bail granted to claimant with conditions: residence at 55 Stevenage Road, London E6 2OU; not to contact complainant; not to enter London Boroughs of Hackney or Islington