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 application was not the same application, and another judge could, if necessary, make the order required.
Citations:
Times 21-Sep-1999, [1999] EWHC Admin 704
Links:
Statutes:
Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299) 5(3)
Criminal Practice
Updated: 28 May 2022; Ref: scu.139968