Source: All England Reporter
Publisher Citation: [2002] All ER (D) 96 (Oct)
Court: Court of Appeal, Criminal Division

Kay LJ, Wright and Henriques JJ

Representation Kim Hollis QC and Navjot Sidhu (instructed by J D Spicer & Co) for the defendant.
  Andrew Munday QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 8 October 2002


Criminal law - Re-trial - Application for leave to arraign - Defendant not having been arraigned within two months from date of order for re-trial - Prosecution making application for leave to arraign out of time - Defence making cross-application for verdict of acquittal - Whether prosecution having acted with all due expedition in circumstances - Whether leave to arraign out of time should be given - s 8(1)(a), (b).

The Case

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