QUEEN’S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL | ||
B e f o r e :
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Andreas Kanaris Applicant - and - Governor of H.M.P. Pentonville Respondent Crown Prosecution Service Interested Party Kingston Crown Court Interested Party
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr John Black QC and Miss Jane Bewley (instructed by The Crown Prosecution Service for the Interested Party)
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AS APPROVED BY THE COURT
Crown Copyright ©
Mr Justice Andrew Smith :
“MISS BEWSEY: Your Honour, of course, the hearing that we had on the 7th of September was a preparatory hearing.
JUDGE MCGREGOR-JOHNSON: Yes.
MISS BEWSEY: And, as such, therefore, the arraignment of the defendants was the start of the trial for the purposes of custody time limits.
JUDGE MCGREGOR-JOHNSON: That’s right.
MISS BEWSEY: Your Honour, of course, Mr Kanaris falls outside that hearing, but could I invite Your Honour, on the same basis, to say that this, therefore, is the start of Mr Kanaris’s trial?
JUDGE MCGREGOR-JOHNSON: Yes, I ordered on the last occasion, that the preparatory hearing should start on that occasion.
MISS BEWSEY: Your Honour, yes.
JUDGE MCGREGOR-JOHNSON: And, of course, all save two defendants were arraigned. So, yes, unless Miss Radford wants to say anything about that, I’ll make the same order, as far as this is concerned.
MISS BEWSEY: I’m very grateful. ”
MR JUSTICE ANDREW SMITH: Thank you both for the corrections to the judgment. The only one that I ought to mention to Mr Caldwell is that I have incorporated the descriptions of the offences that the prosecution suggested, that the nature of the offences was laundering drugs money and the proceeds of crime, rather than just drugs money, subject to any comments you have.
MR CALDWELL: I have no comments about that, thank you.
MR JUSTICE ANDREW SMITH: In that case the reasons are those set out in the written judgment.
MISS BEWSEY: I wonder if I could just ask if it would be possible to say today that if a time comes when we wish to consider taking this to a higher place whether the time for lodging any appeal would run from today, please.
MR JUSTICE ANDREW SMITH: Yes, I am not sure quite what the position would be if I said nothing but, in any event, that seems right, again, subject to anything Mr Caldwell says.
MR CALDWELL: I have nothing further on that point. On perhaps a final point in relation to costs, Miss Bewsey was asking what the defence position was.
MR JUSTICE ANDREW SMITH: Yes.
MR CALDWELL: The applicant was in receipt of legal aid for these proceedings. Now, in part I have a duty to the Legal Aid Board in making an application made in civil proceedings effectively. Certainly that is how the Legal Services Commission look at the issue.
MR JUSTICE ANDREW SMITH: Yes.
MR CALDWELL: It being litigation between civil parties, there really is a duty upon the applicant to ask for costs in those circumstances. It generally would not be done in criminal proceedings, but that seems to me the appropriate course and I do make that application on his behalf. He will not in any way be affected materially by the judgment of the court, it is simply a question of from what aspect of the resources --
MR JUSTICE ANDREW SMITH: From which bit of the public purse it comes?
MR CALDWELL: Yes, indeed.
MR JUSTICE ANDREW SMITH: Normally costs would follow the event.
MISS BEWSEY: My Lord, normally in a criminal situation such as this costs would come from central funds, so in the circumstances could I suggest that something of that nature takes place in this case.
MR JUSTICE ANDREW SMITH: Yes. I am not sure that I have jurisdiction because, as Mr Caldwell, says it is a civil matter.
MISS BEWSEY: Yes, I am not sure you do either.
MR JUSTICE ANDREW SMITH: I think the normal order would be that the costs be borne by the CPS. That does not reflect in any way that it was unreasonable for them to argue the point on the contrary. Firstly, it was of assistance to the court and, secondly, (inaudible) raise these issues. I think I must order the CPS pay the costs.
MISS BEWSEY: So be it.
MR JUSTICE ANDREW SMITH: What I will say is that if you wish to draw anything to my attention within the next seven days I give you liberty to apply within seven days.
MISS BEWSEY: Thank you. I am grateful.
MR JUSTICE ANDREW SMITH: If you do find some provision with regard to central funds, or anything else that you feel you would like me to consider.
MISS BEWSEY: Thank you.
MR JUSTICE ANDREW SMITH: Well, thank you very much. I would simply reiterate the last paragraph of the written judgment and I hope that you will convey that to your leaders.