Edwards, R (on the application of) v Isleworth Crown Court Anor

A judicial review application may be dismissed where the claimant expressly indicates that it is no longer pursued. The court recorded that an indictment had previously been quashed because the wrong procedure had been used to transfer the case to the Crown Court. The claimant’s subsequent sentence expressly reflected the period of unlawful detention relied upon in the judicial review.

The claimant sought judicial review of decisions concerning his prosecution and detention. The Crown Court had quashed the indictment after accepting that the committal proceedings were a nullity, because the case should have been transferred under section 51 of the Crime and Disorder Act 1998. The matter was then transferred under that provision. The claimant later received a reduced sentence to reflect his unlawful detention and indicated in open court that he would not pursue the judicial review.

1. The claimant was not present or represented, and the first interested party applied for the judicial review to be dismissed.
2. The court recorded that the claimant had expressly indicated that the proceedings were no longer to be pursued. His sentence had also been reduced by eight months to reflect the period of unlawful detention relied upon in the claim.
3. The court dismissed the application for judicial review.

The court did not determine the underlying challenge to the lawfulness of detention because the proceedings were no longer pursued.