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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’. 

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NEWS
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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