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

This is the judgment of the Court.

The Director of Public Prosecutions (“the Appellant”) appeals by way of case stated against a decision of St Albans Magistrates’ Court (“the Magistrates”) made on 5 February 2025 that the prosecution of Mr Ryan Jackson (“the Respondent”) for common assault in a domestic abuse case was brought one day late, with the consequence that there was no jurisdiction to hear it.

Section 39A of the Criminal Justice Act 1988 (“the CJA 1988”) creates a special rule for domestic abuse cases. Any prosecution may be brought subject to two conditions. The first is that no more than two years have elapsed since the date of the offence; the second that proceedings are issued “within six months from” the date of the complainant’s witness statement. The issue for our determination is whether, in calculating this six-month period, the date of the witness statement is included or excluded.

The facts may be shortly stated. The alleged assault took place on 28 June 2023. The complainant made her witness statement on 27 September 2023. The prosecutor issued a postal requisition charging the offence of common assault on 27 March 2024. The Magistrates rejected what they understood to be the prosecutor’s argument and included the date of the statement in their calculation, holding that time started to run at 23:59 on 27 September 2023, expiring on 23:59 on 26 March.

The question posed for our determination is as follows:

“In calculating the time-limit under s. 39A of the 1988 Act, were we correct in concluding that the period begins on the date on which the complainant made her witness statement in accordance with s. 39A(2)?”

A week before the hearing, the Respondent’s solicitors wrote to the Court stating that they had advised their client that this appeal could not be defended. We are grateful for their courtesy. However, this is not a jurisdiction where appeals can be allowed by consent, and in the circumstances we have heard full argument, albeit from the Appellant’s side only.