Source: All England Reporter
Publisher Citation: [2010] All ER (D) 44 (Jul)
Neutral Citation: [2010] EWHC 1515 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Elias LJ and Keith J

Representation S Patel instructed by and for the Crown.
  The Crown Court did not appear and was not represented.
  D Matthews for the accused.
Judgment Dates: 6 May 2010

Catchwords

Criminal law - Committal - Remand in custody - Custody time limits - Crown Prosecution Service making application for extension of accused's custody time limit - Application being made about six weeks prior to start of accused's trial - Judge refusing application explaining decision by reference to three considerations - Whether irrelevant considerations taken into account - Whether matter ought to be quashed and reconsidered by judge - s 22(3).

The Case

Criminal law Committal. The Divisional Court held, in allowing the instant appeal by way of case stated, that the judge in the Ipswich Crown Court had taken two irrelevant considerations into account when coming to the conclusion that the accused's custody time limit should not be extended. The judge's ruling was quashed and the matter was ordered to be reconsidered.

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