| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 137 (Jan) |
| Court: | Divisional Court |
| Judge: | Lord Woolf CJ and Newman J |
| Representation | Nicholas Blake QC and Michael Melville-Shreeve (instructed by Howell Hylton, Falmouth) for the appellant. |
| David Perry and Jason Beal (instructed by the Crown Prosecution Service Cornwall Branch, Plymouth) for the Director of Public Prosecutions. | |
| Judgment Dates: | 23 January 2001 |
Catchwords
Criminal law - Committal - Custody time limits - Whether prosecution required to make full disclosure of evidence to defence on an application for an extension of custody time limits - s 22(3).
The Case
In so far as it was necessary for a defendant to test any aspect of an application by the prosecution for the extension of the custody time limit, the defence should be provided with such material as would enable them to do that. However, formal disclosure such as was appropriate prior to trial was not appropriate prior to an application for bail or for extension of custody time limits so long as the defendant was in a position that he could properly protect his interests that would suffice.
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