Litigation Recent Decisions 10/12/96

Claims for damages for wrongful detention

Jeanette Ann Olotu v (1) Secretary of State for the Home Department (2) the Crown Prosecution Service (1996)

CA (Lord Bingham CJ, Auld LJ and Mummery LJ) 29/11/9Summary: Claims against the Home Office and the Crown Prosecution Service for damages for wrongful detention where plaintiff's time in detention exceeded that permitted by the Prosecution of Offences (Custody Time Limits) Regulations 1987 reg.5(3)(a).

Claim for wrongful detention where the plaintiff was arrested on 6 February 1994, charged with criminal offences the following day and committed in custody by the magistrates court for trial in the Crown Court on 24 April 1994. She was held in custody for a period of 193 days until her release on 3 November 94. She contends this detention was unlawful as to the last 81 days because it exceeded the time limit of 112 days prescribed by the Prosecution of Offences (Custody Time Limits) Regulations 1987 reg.5(3)(a). She also contended that the CPS failed to bring her to court, in breach of reg.6(1), so that she might apply for bail. On the plaintiff's appeal against an order by Deputy Judge Barbara Dohmann QC striking out the plaintiff's claim against the Home Office and cross-appeal by the Crown against dismissal of a like application to strike out by the CPS.