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Evaluation by Christopher Jeyes following today’s judgment. The judgment can be read here.
The Divisional Court has today delivered judgment in the latest custody time limit judicial reviews.
Unsurprisingly, for the time being judges may (not must) find that the unavailability of counsel due to the ongoing days of action by members of the Criminal Bar Association amounts to a “good and sufficient” cause for an extension. Judges should not express a view on the dispute.
However, if the dispute continues beyond 22 November 2022 the lack of availability will be regarded as chronic or routine, and is unlikely to be sufficient to justify further extensions.