Daley & Ors R (on the application of) v Wolverhampton Crown Court & Anor [2003] EWHC 1307 (Admin) (16 May 2003)

Daley & Ors R (on the application of) v Wolverhampton Crown Court & Anor [2003] EWHC 1307 (Admin) (16 May 2003)

The decision of the Crown Court judge to extend custody time limits was vitiated by a misunderstanding of the earlier ruling on due diligence and a failure to properly investigate whether an earlier plea and directions hearing could have resulted in an earlier trial date. The prosecution's lack of due diligence in serving crucial video evidence was not properly assessed as to its causative effect on the trial listing. As the custody time limits had expired and the extension was quashed, the claimants were entitled to bail as of right.

Citation
[2003] EWHC 1307 (Admin)
Parties
Claimant: D Daley; Claimant: M Forrest; Claimant: H McKenzie; Claimant: S Marks; Defendant: Wolverhampton Crown Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
16 May 2003
Procedural Posture
Judicial Review / Final Judgment on Application to Quash Extension of Custody Time Limits
Outcome
Application granted; decision to extend custody time limits quashed; claimants admitted to bail as of right.
Legal Topics
Custody Time Limits, Extension of Custody Time Limits, Judicial Review of Crown Court Decisions, Disclosure Obligations, Bail Conditions
Criminal Law Judicial Review Criminal Procedure Custody Time Limits Extension of Custody Time Limits Judicial Review of Crown Court Decisions Disclosure Obligations Bail Conditions

Case Brief

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Parties

D Daley

Claimant

M Forrest

Claimant

H McKenzie

Claimant

S Marks

Claimant

Wolverhampton Crown Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Final Judgment on Application to Quash Extension of Custody Time Limits

Legal Issues

  1. 1 Whether the Crown Court judge erred in law in extending custody time limits under section 22(3) of the Prosecution of Offences Act 1985
  2. 2 Whether the prosecution acted with all due diligence and expedition in serving crucial evidence
  3. 3 Whether the lack of due diligence was causative of the need for an extension of custody time limits

Ratio Decidendi

The decision of the Crown Court judge to extend custody time limits was vitiated by a misunderstanding of the earlier ruling on due diligence and a failure to properly investigate whether an earlier plea and directions hearing could have resulted in an earlier trial date. The prosecution's lack of due diligence in serving crucial video evidence was not properly assessed as to its causative effect on the trial listing. As the custody time limits had expired and the extension was quashed, the claimants were entitled to bail as of right.

Court Disposition

Application granted; decision to extend custody time limits quashed; claimants admitted to bail as of right.

Orders

  • Decision of HHJ Chapman extending custody time limits quashed.
  • Claimants admitted to bail on conditions: residence at specified addresses or as agreed with police or fixed by Wolverhampton Crown Court; curfew from 7pm to 7am; no application for foreign travel documents; reporting twice daily to Walsall Police Station on Saturdays and Sundays during trial.