AC-2025-LON-003228 - [2025] EWHC 2569 (Admin)

This is an urgent rolled up hearing in judicial review proceedings. The case is all about the lawfulness in public law terms of the response of HHJ Heptonstall (“the Judge”) in the Crown Court at Kingston in the morning and then later in the afternoon of 22 September 2025. Lawfulness in public law terms embraces unlawfulness, unreasonableness and procedural unfairness. I accept that this is conventional judicial review on which all such grounds are available. By having urgent rolled up hearing we avoided the unsatisfactory alternative of trying to deal with a case like this on the basis of interim relief.

The Crown Court has taken a passive role, consistently with the principle of neutrality applicable to defendant courts (as to which I interpose: see The Father v Worcestershire County Council [2025] UKSC 1 at 71ii). The Crown Prosecution Service has stepped in as Interested Party. It has made some written and oral submissions through Counsel Ms Millar. It has also provided the Court with some materials. I agree with Mr Kherbane that the duty of candour applies to an Interested Party and even at the permission stage. He recognises that there has been no failure of compliance with that duty by the Interested Party in this case.

The Claimant is aged 35. As a result of the impugned actions of the Judge, the Claimant went on 22 September 2025 from being on bail, as he had been for some 2 years, to being remanded in custody. He was in custody, first of all, during the day. And then when he left the court at the end of the court day. That day had originally been the listed trial date for the criminal proceedings involving the Claimant. At the start of the day the Claimant pleaded guilty to 3 of 5 counts on an indictment. As a result, he stood convicted of those 3 offences. But sentencing was not proceeding on the same day. In particular, that was because of a deferral for a psychiatric report which the Claimant’s legal team wanted to obtain. There was some other moving parts to which I will return.