Olotu v Home Office and Another: CA 11 Dec 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 was 112 days, but the Crown Prosecution Service failed to obtain an extension of the period of detention and did not arrange for her to be brought back to court for admission to bail. As a result she was detained for 81 days in excess of the prescribed period. The first instance court held that although the plaintiff’s detention became unlawful once the custody time limit had expired, so that the Crown Court would have been bound to release her on bail if an application had been made, the governor was not liable for false imprisonment because the period of custody could only be brought to an end by an order of the court and pending such an order the governor was neither entitled nor bound to release her.
Held: The appeal against the action being struck out failed. A Prison Governor and the CPS were not liable for detention of the defendant beyond the lawful custody time limits.
Lord Bingham of Cornhill LCJ Auld, Mummery LJJ
Times 11-Dec-1996, [1996] EWCA Civ 1070, [1997] 1 WLR 328, [1997] 1 All ER 385
Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299)
England and Wales
Appeal fromOlotu v Secretary of State for the Home Department and Another QBD 8-May-1996
A prison governor was not liable for false imprisonment on a CPS’ failure to extend the custody time limit. . .

Cited by:
CitedLunn, Regina (on the Application of) v The Governor of HMP Moorland CA 25-May-2006
Having committed an offence whilst on licence, the judge had sentenced the defendant to a term of imprisonment to follow completion of the original sentence. The order drawn up by the clerk recorded that it should be served concurrently. He served . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.84445