Daley & Ors R (on the application of) v Wolverhampton Crown Court & Anor

Daley & Ors R (on the application of) v Wolverhampton Crown Court & Anor

The decision of HHJ Chapman to extend custody time limits was vitiated by a misunderstanding of the scope of the prosecution's lack of due diligence and by insufficient inquiry into whether an earlier trial date could have been fixed had the plea and directions hearing occurred earlier. As the custody time limits had expired and the extension was quashed, bail was applicable as of right.

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 / Judgment on Application to Quash Extension of Custody Time Limits
Outcome
Application allowed; decision to extend custody time limits quashed; claimants admitted to bail as of right.
Legal Topics
Custody Time Limits, Extension of Custody Time Limits, Prosecution of Offences Act 1985, Bail
Criminal Law Judicial Review Custody Time Limits Extension of Custody Time Limits Prosecution of Offences Act 1985 Bail

Case Brief

Summary, issues, holding and outcome

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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 / Judgment on Application to Quash Extension of Custody Time Limits

Legal Issues

  1. 1 Whether the decision of HHJ Chapman to extend custody time limits was lawful and reasonable
  2. 2 Whether the prosecution acted with due diligence and expedition as required by section 22(3) of the Prosecution of Offences Act 1985
  3. 3 Whether the lack of due diligence was causative of the need for extension

Ratio Decidendi

The decision of HHJ Chapman to extend custody time limits was vitiated by a misunderstanding of the scope of the prosecution's lack of due diligence and by insufficient inquiry into whether an earlier trial date could have been fixed had the plea and directions hearing occurred earlier. As the custody time limits had expired and the extension was quashed, bail was applicable as of right.

Court Disposition

Application allowed; 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 7pm-7am; no application for foreign travel documents; reporting to Walsall Police Station at 10am and 4pm on Saturdays and Sundays during trial or until further order.