AC-2025-LON-002013 - [2025] EWHC 2797 (Admin)

The answer to the question posed to us in the Case Stated is that the Magistrates were incorrect to conclude that the period begins on the date on which the complainant made her witness statement in accordance with s. 39A(2) of the CJA 1988. Our conclusion is that this date must be excluded from account, and that the proceedings were brought in time, on the last possible day.

It follows that the appeal must be allowed and that the case be remitted to the Magistrates for trial.

As Jeremy Baker LJ pointed out in oral argument, the difficulties that arose in the present case would have been avoided if proceedings had not been commenced on the last possible available day. We understand from Mr Boyd that the police did not refer the case to the CPS until Thursday 21 March 2023, which left little time for the file to be considered properly. It follows that it would not be fair to blame the CPS for taking this case to the wire.