Man who was jailed in pub murder case has conviction quashed by appeal judges because of ‘entirely avoidable’ procedural error

• Stuart Layden was previously convicted of murdering Ian Church in 2012

A man jailed following the death of a shop worker has had his conviction quashed by appeal judges due to an ‘entirely avoidable’ procedural error. 

Stuart Layden had been convicted of murdering Ian Church, who was kicked to death outside a pub in Great Yarmouth, Norfolk in May 2012.

In April 2013, Layden was first handed a life sentence with a term of at least 13 years in prison, but this was later quashed.

Layden was then found guilty following a second trial at Norwich Crown Court in 2016 and sentenced to nearly nine years in prison.

But three judges have now concluded that he had not been properly arraigned – asked how he pleaded – before the trial.

Stuart Layden (pictured) who was jailed for murder, has had his conviction quashed by appeal judges because of an ‘entirely avoidable’ procedural error

Chief Justice Lady Carr, Mr Justice Jeremy Baker and Mrs Justice Heather Williams outlined their conclusions in a written ruling published on Wednesday after Layden appealed.

The Criminal Cases Review Commission (CCRC) had referred the conviction to the Court of Appeal and raised concerns.

Mr Church suffered a fatal brain injury from multiple blunt force blows, including kicks to the head, after he was attacked by a group of people following an argument in the Bricklayers Arms. 

Court of Appeal judges overturned the original conviction in 2015 and said he should be arraigned on a fresh indictment within two months.

He was convicted and jailed after a second trial, but lawyers representing Layden said evidence showed he had not been arraigned within the time limit.

Lady Carr, Mr Justice Jeremy Baker and Mrs Justice Heather Williams said prosecutors had not obtained a time extension so Norwich Crown Court did not have jurisdiction to try Layden.

‘His conviction for murder is unsafe and must be quashed,’ said Lady Carr. ‘The appeal will be allowed.

‘We recognise that this is to permit the appellant’s conviction for a most serious offence to be set aside for procedural error in circumstances where the conviction was otherwise sound, and in circumstances where no prejudice arose out of the failure in question.

Ian Church (pictured) was kicked to death outside a pub in Great Yarmouth, Norfolk, in May 2012

‘However, the legislation is unambiguous. The situation was entirely avoidable.’

A CCRC spokesman said before Wednesday’s ruling: ‘A defendant who is being retried must be arraigned (asked to enter their pleas) within two months of their original conviction being quashed by the Court of Appeal, unless an application is granted to extend the time period.

‘Stuart Layden successfully appealed against a murder conviction on 19 March 2015. He was rearraigned for a new trial on 28 September 2015, and was again found guilty on 17 May 2016.

‘This was considerably outside the maximum two-month time limit between a conviction being overturned and the defendant being arraigned for a new trial.’

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