R v Harrow Crown Court, ex parte Perkins ; R v Cardiff Crown Court, ex parte M (A Minor) [Queen's Bench Divisional Court]
| Jurisdiction | England & Wales |
| Judgment Date | 30 March 1998 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 30 March 1998 |
Queen's Bench Divisional Court
Before Lord Justice Rose and Mr Justice Sullivan
Judicial review - crown court decisions
Any decision by a judge in the crown court arising in the issue between the Crown and the defendant formulated in the indictment, including the costs
of such issue, was likely to constitute a matter relating to trial on indictment within the meaning of section 29(3) of the Supreme Court Act 1981 and would therefore not be subject to judicial review by the Divisional Court.
That would be so even in cases where the application for judicial review had no capacity to delay the trial.
The Queen's Bench Divisional Court so held when dismissing the application of Ashley Perkins for judicial review of the decision of Judge Friedman to make no order as to costs after the prosecution announced their intention to adduce no evidence against him at a pre-trial hearing.
The same court allowed the application of M, a minor, for judicial review of the decision of Judge Gibbon, QC, to refuse to make an order under section 39(1) of the Children and Young Persons Act 1933 protecting M's identity following his conviction at Cardiff Crown Court on July 4, 1997 for causing death by dangerous driving.
The court made a declaration that Judge Gibbon still had jurisdiction to make an order in respect of M under section 39(1) of the 1933 Act.
Mr Noel Lucas for Mr Perkins; Mr Peter Griffiths, QC and Mr Eugene Egan for M; Mr James Turner for both respondents.
MR JUSTICE SULLIVAN endorsed the suggestion of Lord Browne-Wilkinson in R v Manchester Crown Court, Ex parte Director of Public ProsecutionsWLR ([1993] 1 WLR 1524, 1530):
"It may therefore be a helpful pointer to the true construction of the section to ask the question: 'Is the decision sought to be reviewed one arising in the issue between the Crown and the defendant formulated by the indictment (including the costs of such issue)?' "
While Lord Browne-Wilkinson had pointed out that that question should not be taken as an attempt to give a statutory definition to the words of section 29(3) of the Supreme Court Act 1981, in his Lordship's opinion, the utility of the question proposed need not relate to whether consideration of the matter sought to be reviewed would delay the trial.
His Lordship rejected the conclusions of Lord Justice Mann in R v Wood Green...
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