Hughes, R (on the application of) v Woolwich Crown Court & Anor

Hughes, R (on the application of) v Woolwich Crown Court & Anor

The prosecution failed to act with all due expedition in obtaining material phone records despite being on notice of their potential relevance from April 2006 and after a specific request from the defence on 23rd June 2006. The Crown Court judge erred by not considering these factors and by treating the late defence statement as the trigger for disclosure obligations.

Parties
Claimant: Anthony Donovan Hughes; Defendant: Woolwich Crown Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
16 August 2006
Procedural Posture
Judicial Review / Permission and Substantive Hearing
Outcome
Decision of the Crown Court quashed; permission for judicial review granted; matter remitted to Crown Court for reconsideration; bail to be granted subject to conditions to be set by the Crown Court.
Legal Topics
Custody Time Limits, Disclosure Obligations, Extension of Time Limits
Criminal Law Judicial Review Custody Time Limits Disclosure Obligations Extension of Time Limits

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Parties

Anthony Donovan Hughes

Claimant

Woolwich Crown Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Permission and Substantive Hearing

Legal Issues

  1. 1 Whether the prosecution acted with all due expedition in seeking extension of custody time limits
  2. 2 Whether the Crown Court judge erred in extending custody time limits despite prosecution delay

Ratio Decidendi

The prosecution failed to act with all due expedition in obtaining material phone records despite being on notice of their potential relevance from April 2006 and after a specific request from the defence on 23rd June 2006. The Crown Court judge erred by not considering these factors and by treating the late defence statement as the trigger for disclosure obligations.

Court Disposition

Decision of the Crown Court quashed; permission for judicial review granted; matter remitted to Crown Court for reconsideration; bail to be granted subject to conditions to be set by the Crown Court.

Orders

  • Decision of His Honour Judge Stone extending custody time limits is quashed.
  • Matter remitted to Woolwich Crown Court for further directions.