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England and Wales decisions
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The Supreme Court held that failure to arraign within the section 8 time limit did not deprive the Crown Court of jurisdiction to retry after a lawful retrial order.
The prosecution complied with its duty to act with all due expedition by uploading the indictment, requesting listing for arraignment, and sending timely emails; the failure to arraign within the statutory period was due to court procedural errors, not prosecution delay. Leave to arraign out of time is granted.
Source excerpt
Parliament intended that failure to arraign a defendant within the two-month period stipulated in s.8 Criminal Appeal Act 1968 results in total invalidity of retrial proceedings; the Crown Court lacked jurisdiction to retry the appellant, rendering the conviction unsafe.
Source excerpt
Layden, R. v [2023] EWCA Crim 1207 (25 October 2023)
The Court of Appeal held that failure to arraign within the s.8 time limit for a retrial deprived the Crown Court of jurisdiction, quashing Layden’s murder conviction.
Gill, R. v [2023] EWCA Crim 976 (20 June 2023)
The Court of Appeal granted leave to arraign Kuran Gill out of time after a retrial order, holding the prosecution had acted with all due expedition.
The Court of Appeal quashed a conviction after finding retrial arraignment took place outside the statutory two-month limit without leave, making the proceedings invalid.
Llewelyn v R. [2022] EWCA Crim 154 (11 February 2022)
The Court of Appeal quashed a retrial conviction because arraignment happened after the two-month limit in section 8 of the Criminal Appeal Act 1968 without leave.
The Court of Appeal held that procedural errors in indictment amendment and arraignment did not make the convictions a nullity, and dismissed both appeals.
Johnson v R [2018] EWCA Crim 2485 (08 November 2018)
The Court of Appeal held that uploaded draft indictments were validly preferred under the amended 1933 Act, and technical amendment or arraignment errors did not make the convictions nullities.
Collins, R v [2018] EWCA Crim 1509 (3 May 2018)
The Court of Appeal Criminal Division refused Clive Stuart Collins’s applications to extend time and for leave to appeal against conviction and sentence for historic sexual offences.
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