Source: All England Reporter
Publisher Citation: [2002] All ER (D) 340 (Nov)
Neutral Citation: [2002] EWHC 2469 (Admin)
Court: Administrative Court
Judge:

Hooper J

Representation Simon Drew (instructed by Stevens, Wolverhampton) for the claimant.
  David Richards (instructed by the Solicitor for Customs & Excise) for the prosecution.
Judgment Dates: 7 November 2002

Catchwords

Criminal evidence and procedure - Bail - Prosecutor's right to appeal against grant of bail - Computation of time for appeal - (Amendment) Act 1993, s 1.

The Case

Parliament did not intend that s1(7) of the could defeat an appeal if the prosecution had given itself ample time to serve the notice on the defendant within the two hour period, had used due diligence to serve the notice within that period and the failure to do so was not the fault of the prosecution, but was due to circumstances outside its control.

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