Practice and Procedure

R (on the application of FENLON) v BASILDON CROWN COURT (2005)

PUBLISHED February 16, 2005

A precondition to a judge exercising his power to extend an individual's custody time limit was that the prosecution had acted with due expedition and due diligence. Where submissions before a judge had focused on due expedition rather than due diligence it could not be said that a decision to extend an individual's time limit was perverse where the judge had addressed the material that was before him as to how the prosecution acted.

[2005] EWHC 226 (Admin)