Practice and Procedure

R V WHEELER (2004)

PUBLISHED January 13, 2004

[2004] EWCA Crim 572

A delay of two years between arrest and charge was undesirable but was not so exceptional that it justified the stay of proceedings. In the circumstances a suspended sentence was undesirable, the defendant was awaiting sentence for further offences and as a result, would be sentenced for offences committed eight years ago the court would take the unusual course and quash the sentence but impose no other penalty.

CA (Crim Div) (Kay LJ, Field J)