Practice and Procedure

R v ROBERT DALES (2011)

PUBLISHED January 31, 2011
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[2011] EWCA Crim 134

It was not appropriate for a defendant to be arraigned out of time for a retrial where the prosecution had not acted with due expedition owing to a failure to identify the venue for the retrial, or to respond to enquiries from the listing officer for a new indictment, or to take any steps to ensure re-arraignment within the time limit. Although it was in the public interest to order a retrial because of the defendant's serious driving offences, there was not good and sufficient cause because of the conflicting oral evidence involved, which had demanded a swift retrial.

CA (Crim Div) (Jackson LJ, Wyn Williams J, Judge Barker QC (Common Serjeant of London))

31/01/2011

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