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21 September 2022
Issue: 7995 / Categories: Legal News , Legal aid focus , Procedure & practice
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Custody time limits cases hit by delay

A judicial review challenge brought by the Director of Public Prosecutions (DPP) to refusals to extend the custody time limits of defendants in two separate cases has hit obstacles due to administrative delays.

The cases arose in response to the ongoing strike action by criminal barristers disputing fees for defence work in the Crown Court. According to the Criminal Bar Association, several senior judges have refused to extend custody time limits where there was no defence barrister due to the strikes.

Giving judgment in R (DPP) v Crown Court at Bristol & Anor [2022] EWHC 2347 (Admin), Dame Victoria Sharp P said the court could not hear the substantive case due to administrative delays in processing legal aid applications.

Dame Victoria said: ‘The serious consequences of the errors that were made in relation to the provision of legal aid in these cases should not be underestimated. The court's directions on expedition have been undermined, the time of the court and the parties has been wasted and the resolution of an issue of immediate importance to these and other custody time limit cases has been delayed.’

Meanwhile, former justice secretary Dominic Raab has recently asked the Law Commission to review the laws governing appeals for criminal convictions and acquittals.

Writing in this week’s NLJ, however, LSE Professor Michael Zander KC warns that any tweaking of statutory tests on criminal appeals are a waste of time. He writes that the issues that will dominate the review are predictable.

‘Altering the statutory test was tried in 1968 and again in 1995 to no effect,’ he says.

‘There was nothing wrong with the test in the 1907 Act or the 1968 Act or the 1995 Act… The problem lies not in the formulation of the test, but in the Court of Appeal’s approach to the test.’

He notes that the Criminal Appeal Act 1907 gave the convicted person ‘the possibility of persuading the Court of Appeal that the jury got it wrong. The unfortunate reality is that the plain import of this has never been accepted by the judges’. 

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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