- Postal requisition charge time limits when the police have had the evidence for many months (Winder v DPP)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: Mr Winder was arrested, interviewed and released pending further enquiries and then charged by postal requisition with offences under section 127 of the Communications Act 2003 (CA 2003). He unsuccessfully attempted to persuade the district judge that he had been charged out of time. The appeal was brought after Mr Winder had indicated a guilty plea but not entered that plea. The High Court decided it had no jurisdiction for the court to consider an appeal by way of case stated at an interlocutory stage of proceedings but agreed to treat the hearing as a judicial review. The court held that the district judge had been correct to conclude that for the purposes of the legislation the prosecutor was the crown prosecution service (CPS) not the police and that the proceedings were therefore issued in time. Written by Kate Bex QC, barrister, at Red Lion Chambers, London.
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