QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE GOLDRING
|CROYDON YOUTH COURT||(DEFENDANT)|
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"Where, in relation to any proceedings for an offence, an overall time limit has expired before the completion of the stage of the proceedings to which the time limit applies, the appropriate court shall stay the proceedings" [my emphasis].
"(a) where the accused has been committed for trial, sent for trial under section 51 of the Crime and Disorder Act 1998 or indicted for the offence, the Crown Court; and
(b) in any other case, the magistrates' court specified in the summons or warrant in question or, where the accused has already appeared or been brought before a magistrates' court, a magistrates' court for the same area . . . "
"(1) This application applies where proceedings for an offence ('the original proceedings') are stayed by a court under section 22(4) . . . of this Act.
(2) If --
(a) in the case of proceedings conducted by the Director, the Director or a Chief Crown Prosecutor so directs
. . .
fresh proceedings for the offence may be instituted within a period of three months (or such longer period as the court may allow) after the date on which the original proceedings were stayed by the court.
(3) Fresh proceedings shall be instituted as follows --
(a) where the original proceedings were stayed by the Crown Court, by preferring a bill of indictment;
(b) where the original proceedings were stayed by a magistrates' court, by laying an information".
"After the determination by the Crown Court on appeal from the Magistrates' Court, the decision appealed against as confirmed or varied by the Crown Court or any decision of the Crown Court substituted by the decision appealed against may, without prejudice to the powers of the Crown Court, be enforced --
(a) by the issue by the court by which the decision appealed against was given of any process that it could have issued if it had decided the case as the Crown Court decided it;
(b) so far as the nature of any process already issued to enforce the decision appealed against permits, by that process;
and the decision of the Crown Court shall have effect as if it had been made by the magistrates' court against whose decision the appeal is brought."
"Helpful though it has been to look at those authorities, they do not of course lay down any principle or proposition of law indicating how in any particular case this court's discretion on a jurisdiction review challenge or on an appeal by way of case stated should be exercised. This will inevitably depend on a variety of circumstances. Not least important among these will be (a) the seriousness of the criminal charges, (b) the nature of the evidence in the case and in particular the extent to which its quality may be affected by the delay, (c) the extent, if any, to which the defendant has brought about or contributed to the justices' error, (d) the extent, if any, to which the defendant has brought about or contributed to the delay in the hearing of the challenge, and (e) how far the complainant would feel justifiably aggrieved by the proceedings being halted and the defendant would feel justifiably aggrieved by their being continued".