The defendant had been refused bail. He had a previous conviction for rape, and now faced another charge. The custody time limit had also now expired. He complained that the removal of the statutory presumption in favour of bail infringed his rights. Held: Under s25, a defendant in this category should be granted bail only … Continue reading Regina (O) v Harrow Crown Court: Admn 16 Apr 2003
Each defendant challenged decisions to extend the custody time limits. Judges: Lord Bingham of Cornhill LCJ, Collins J Citations: [1998] EWHC 319 (Admin) Links: Bailii Statutes: European Convention of Human Rights 5, Bail Act 1976 4(1), Prosecution of Offences (Custody Time Limits) Regulations 1987 Jurisdiction: England and Wales Criminal Practice, Human Rights Updated: 12 July … Continue reading McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998
The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous conviction for another grave offence. Held: The appeal was dismissed. Insofar as the the word … Continue reading O v Crown Court at Harrow: HL 26 Jul 2006
The defendant faced charges with others on the same indictment. The judge called a preparatory hearing under the 1996 Act, against the others, but held a separate hearing for the defendant, at which he held a similar preparatory hearing for him alone. The defendant now complained that a separate hearing could not be held for … Continue reading In re Kanaris (application for a writ of Habeas Corpus): HL 30 Jan 2003
The defendant sought a writ of habeas corpus, asserting that the custody time limits in his matter had expired before his trial began. An application to extend the limits had to be made before the limit, and had to show proper conduct of the case. For serious fraud cases, such as this, the trial was … Continue reading Andreas Kanaris v Governor of H M P Pentonville: Admn 17 Jan 2002
When a judge makes a fundamental mistake as to the application of the rules for extending custody time limits, the correct approach is to make a renewed application to him, or, in his absence, to the senior judge on the circuit. It was not correct to seek judicial review of the order made. Such an … Continue reading Regina v Bradford Crown Court ex parte Crossling: Admn 19 Jul 1999
The defendant had been held in custody awaiting committal on a murder charge. An additional charge of manslaughter was added. The defendant argued that this did not constitute a new offence so as to allow an extension of custody time limits. Held: The issue was the actual information laid before the magistrates and whether the … Continue reading Regina (Wardle) v Leeds Crown Court: HL 24 May 2001
When considering applications to extend the custody time limits, courts should have in view the purpose of the rules. It would be dangerous to give a list of good reasons for an extension. The court must itself consider the fulfilment of the section and give reasons for decision.Lord Bingham of Cornhill CJ: ‘If the law … Continue reading Regina v Manchester Crown Court, ex parte McDonald; Regina v Leeds Crown Court, ex parte Hunt; Regina v Winchester Crown Court, ex parte Forbes, ex parte Wilson and Mason: CACD 19 Nov 1998
Even though serving time as a sentenced prisoner, a suspect awaiting trial was entitled to the protection of the custody time limits, and the judge had no power to refer to any common law to suspend the running of those limits. The judge could not refuse to adjudicate on the prosecutions application to extend the … Continue reading Regina v Peterborough Crown Court and Another, Ex Parte L: QBD 7 Dec 1999
A prison governor was not liable for false imprisonment on a CPS’ failure to extend the custody time limit. Citations: Times 08-May-1996 Statutes: Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299) Cited by: Appeal from – Olotu v Home Office and Another CA 11-Dec-1996 The plaintiff was remanded in custody pending trial … Continue reading Olotu v Secretary of State for the Home Department and Another: QBD 8 May 1996
Youths before courts are subject to standard 56 day custody time limit. A court deciding whether to commit a youth to secure accommodation, may admit hearsay evidence on the need for such care. Citations: Times 28-May-1998 Statutes: Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299) Jurisdiction: England and Wales Criminal Sentencing Updated: … Continue reading Regina v Stratford Youth Court ex parte S: QBD 28 May 1998
The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim. Held: Her action failed. The availablility of a remedy by way of judicial review for a breach of statutory duty is … Continue reading Olutu v Home Office: CA 29 Nov 1996
The plaintiff was remanded in custody pending trial in the Crown Court and a warrant was issued for her detention which directed the prison governor to hold her until she was delivered to the Crown Court in due course of law. The custody time limit . .
