Summary
Under section 22(3) of the Prosecution of Offences Act 1985, the requirements concerning good and sufficient cause and prosecutorial diligence are linked. A prosecutorial lapse does not automatically bar an extension where it did not cause the need for additional custody.
The unavailability of a suitable judge or courtroom may constitute good and sufficient cause, particularly in an exceptional case, but resources remain relevant and must be examined rigorously. The court must consider alternatives, competing demands, the quality of justice, and the length of the extension. Judicial review requires rigorous scrutiny while respecting the trial judge’s discretion.
Factual background
Leslie Gordon Gibson and David Gibson, charged with murder and held in custody since May 2003, challenged a Winchester Crown Court order extending their custody time limits under section 22(3) of the Prosecution of Offences Act 1985 until 10 June 2004. Their trial was fixed for 9 June 2004 before a High Court judge because of the nature of the case.
The Crown Court found that the prosecution had not acted with all due diligence and expedition in one limited respect, but that the failure had not caused the need for the extension. The claimants challenged the construction of section 22(3), the relevance of court resources and the length of the extension. The Crown Prosecution Service cross-applied against the adverse finding on expedition.
Held
Applications dismissed. The Divisional Court upheld the extension of the custody time limits and declined to interfere with the Crown Court judge’s finding concerning a minor failure by the prosecution.
- Construction of section 22(3). The two statutory requirements are linked. The prosecution must show that the need for the extension was not caused by its lack of due diligence or expedition. The diligence requirement protects defendants from custody prolonged by prosecutorial delay; it is not a disciplinary provision. Avoidable delay which had no effect on the ability of the prosecution and defence to be ready for a fixed trial date did not compel refusal of an extension. The court followed the approach in R v Central Criminal Court, ex parte Bagoutie [1999] EWHC Admin 454 and declined to follow the independent-limbs approach attributed to R v Central Criminal Court, ex parte Bennett.
- Good and sufficient cause. The unavailability of a suitable judge or courtroom can amount to good and sufficient cause. The court must first make considerable efforts to avoid postponement and must assess the facts of the particular case. It may consider the calibre of judge required, the nature of the case, limited resources, competing cases, alternative venues and the burdens imposed by relocation. The approach in R(Bannister) v Crown Court at Guildford might generally suit a routine case, but resources cannot be treated as irrelevant in every case.
- Length of extension and reasons. A longer extension requires a stronger justification, and all possible steps must be taken to keep it to a minimum. The court granting or refusing an extension should state its decision and reasons.
- Intensity of review. Because custody time limits engage human rights, both the Crown Court and the reviewing court must scrutinise the matter rigorously. The reviewing court must nevertheless respect the Crown Court judge’s discretion and should not interfere unless that discretion was wrongly exercised.
Lord Justice Rose and Royce J agreed. Rose LJ additionally stressed the primacy of the Crown Court judge and the need to avoid satellite litigation. Royce J emphasised that the statutory exception must remain a true exception.
The court’s approach to earlier authorities
Available to signed-in members.
Appellate history
- High Court (Administrative Court), Divisional Court: The judicial review applications were dismissed. The Crown Court’s extension was upheld, and the Crown Prosecution Service’s challenge to the minor finding on prosecutorial expedition was rejected.
- Winchester Crown Court: On 5 November 2003, Judge Brodrick extended the claimants’ custody time limits under section 22(3) of the Prosecution of Offences Act 1985 until 10 June 2004.
Key cases cited
9 authorities cited.
- R(Bannister) v Crown Court at Guildford [2004] EWHC 221 (Admin)
- R v Crane [2001] EWHC 1115 (Admin)
- R v Manchester Crown Court, Ex p McDonald (Forbes, Ex parte, Hunt, Ex parte, McDonald, Ex parte, R v Leeds Crown Court, Ex parte Hunt, R v Leeds Crown Court, Ex parte Wilson, R v Winchester Crown Court, Ex parte Forbes, Wilson, Ex parte) [1999] 1 WLR 841
- R v Central Criminal Court, ex parte Bagoutie [1999] EWHC 454 (Admin)
- R v Central Criminal Court, Ex parte Abu-Wardeh [1998] 1 WLR 1083
- R v Blair and Bryant and R v Taylor 9 October 1998, unreported
- R v Central Criminal Court, ex parte Bennett CO/4518/98, 21 December 1998
- Reg v Leeds Crown Court, Ex parte Briggs The Times, 19 February 1998
- R v Morin [1992] RCS 771
Sign in to see how the court treated each authority. A free account is enough.
Cases citing this case
18 later cases · 13 positive · 3 neutral · 1 caution · 1 negative
Most senior citing decisions:
- O (FC) (Appellant) v. Crown Court at Harrow (Respondents) (Criminal Appeal from Her Majesty's High Court of Justice) In re O (Appellant) (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty's High Court of Justice) (Consolidated Appeals) [2006] UKHL 42 mentioned
- Stuart Layden v R [2023] EWCA Crim 1207 distinguished
- R (on the application of Bernard) v The Crown Court Sitting at Snaresbrook [2025] EWHC 3055 (Admin) considered
- Farah Damji, R (on the application of) v The Crown Court at Wood Green [2025] EWHC 258 (Admin)
- Onasis Mensah, R (on the application of) v Crown Court at Manchester [2023] EWHC 2372 (Admin)
- Michael Sierotko & Anor, R (on the application of) v Crown Court at Manchester Crown Square [2023] EWHC 1187 (Admin)
- Director of Public Prosecutions, R (on the application of) v Crown Court at Bristol & Anor. [2022] EWHC 2415 (Admin)
- The Queen (Lee Colin Marten) v Crown Court at Lincoln [2022] EWHC 2283 (Admin)
- Director of Public Prosecutions, R. (On the Applications of) v Crown Court At Woolwich [2020] EWHC 3243 (Admin)
- Campbell-Brown v Central Criminal Court & Anor [2015] EWHC 202 (Admin)
Sign in for the full treatment table, including the other 8 cases. A free account is enough.