from being charged, to court appearance..

[Steven9761]

I was prosecuted for drink-driving in 2004, with an interim ban being imposed in Oct 2003. However, my question (English law) is: the offence took place in Jan 2002, but due to problems relating to CPS, the case was only called to court in Oct 2003, a period of 21 months. In Scotland, the "100 day rule" applies - how long must the matter be dealt with in court from the arrest? Is it possible to have the conviction overturned on the basis that an unduly long period had passed from the initial arrest to the interim ban, and the subsequent final sentence being passed in Feb 2004?

 

[SeanJoyceStephensons]

The rule in England is that you must either be charged with the offence or the information must be laid at court within 6 months of the offence. The date the information is laid is the date that the police lodge the papers with the court. It is not necessarily the same day that the summons is issued and will always be before you receive the summons and before your court date. The Court date is irrelevant. This 6 month time limit is strict and cannot be extended.

In order to challenge a conviction, you would have to lodge an appeal. Generally, the time limit for lodging an appeal is 21 days from the date of sentence. Alternatively, if the Court have made a mistake in law or procedure, then you could apply to have the proceedings reopened under section 142 of the Magistrates Court Act 1980.