Regina v Jones (Paull Garfield): CACD 8 Oct 2002

The Court of Appeal had ordered the defendant to be re-tried within two months. An initial application for directions was adjourned without the defendant being re-arraigned, and then was adjourned again to a date outside the two month limit. Defence solicitors, knowing the difficulty declined to express a view either way.
Held: The arraignment could take place exceptionally outside the two month limit. The duty under the act for the prosecution to act with ‘all due expedition’ was a more restricted requirement than the one to act with ‘due diligence’, and there was also a duty on the defence to ensure that effect was given to the order of the Court.


Kay LJ, Wright, Henriques JJ


Times 24-Oct-2002, Gazette 31-Oct-2002


Criminal Appeal Act 1968 8(1B)

Legal Professions, Criminal Practice

Updated: 16 May 2022; Ref: scu.177489