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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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