Tumaye v The Central Criminal Court

Tumaye v The Central Criminal Court

The judge failed to make a judicial determination that the statutory criteria for extending custody time limits were met; therefore, the extension order cannot stand.

Parties
Claimant: Tumaye; Defendant: The Central Criminal Court
Jurisdiction
England and Wales
Judgment Date
28 March 2007
Procedural Posture
Judicial Review / Permission Application Restored and Treated as Substantive Hearing
Outcome
Order quashed
Legal Topics
Custody Time Limits, Bail Conditions, Due Process
Criminal Law Judicial Review Custody Time Limits Bail Conditions Due Process

Case Brief

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Parties

Tumaye

Claimant

The Central Criminal Court

Defendant

Procedural Posture

Judicial Review / Permission Application Restored and Treated as Substantive Hearing

Legal Issues

  1. 1 Whether the judge failed to engage with the statutory criteria under section 22(3) of the Prosecution of Offences Act 1985 when extending custody time limits
  2. 2 Whether the extension of custody time limits was valid in the absence of the claimant and/or properly instructed counsel

Ratio Decidendi

The judge failed to make a judicial determination that the statutory criteria for extending custody time limits were met; therefore, the extension order cannot stand.

Court Disposition

Order quashed

Orders

  • Order extending custody time limits made by Judge Roberts is quashed
  • Bail conditions to be determined following submissions by parties