Prisoner's murder conviction quashed by Court of Appeal over dates mix-up
A man convicted of murder has had his conviction quashed by the Court of Appeal because of a procedural error.
Stuart Layden was convicted in a retrial in 2016 for murdering Ian Church, 40, in Great Yarmouth in 2012, and given a life sentence with a minimum term of nine years.
That was a retrial after the quashing of a previous murder conviction, but prosecutors did not ask him to enter pleas for that retrial - known as an arraignment hearing - within two months.
Court of Appeal judges have ruled that missing that two-month time limit meant that Layden's conviction was unsafe.
The judgement states: "The appellant [Mr Layden] was not arraigned on a fresh indictment within two months of the order for a retrial following the quashing of the appellant’s conviction.
"[Secondly] at no time did the prosecution obtain an extension of time for such arraignment under section 8 (and arraign within any extended period)."
It concludes: "In these circumstances, the Crown Court did not have jurisdiction to try the appellant."
Mr Church, from Great Yarmouth, died at the James Paget University Hospital after being attacked outside a pub in the town.
He suffered serious head injuries during the incident outside the Bricklayers Arms in Nelson Road Central early on Saturday, 5 May.
Three other men are already serving sentences for his murder.
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