Applicant councils sought to challenge by judicial review leave given to appeal out of time against ASBO orders.
Held: The requests failed. The courts were required when considering such applications to allow for the age of the defendant. The merits of the application were also relevant, with greater merit being required to be shown in cases of longer delay. The relevant criteria for extending time were the merits of the appeal, the reasons for the delay and any prejudice to the respondent.
Judges:
Lord Justice Mackay and Mr Justice Beatson
Citations:
[2009] EWHC 3329 (Admin), Times 05-Jan-2010, [2010] 1 WLR 1287
Links:
Statutes:
Crime and Disorder Act 1998 4(1), Crown Court Rules (SI 1982 No 1109)
Cited by:
Cited – Sherry v The Queen PC 4-Mar-2013
Discretion as to credit for remand time
(Guernsey) In 1980 the appellant had been sentenced to three months imprisonment. He had spent 10 days on remand, but no allowance was given for that time. He gave notice of appeal, but after being released on open remand, he failed to appear at his . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 August 2022; Ref: scu.384453