Pub murder conviction quashed over procedural error

Stuart Layden (pictured) was convicted of murdering Ian Church, 40, outside the Bricklayers Arms in Great Yarmouth

A man who was jailed for murdering another man outside a pub has had his conviction quashed because of a procedural error.

Stuart Layden was found guilty of murdering Ian Church, 40, outside the Bricklayers Arms in Great Yarmouth, Norfolk, in 2012.

However, he was not properly arraigned before his trial at Norwich Crown Court in 2016, three appeal judges concluded.

"His conviction for murder is unsafe and must be quashed," said Lady Chief Justice Sue Carr.

Ian Church died outside the now closed Bricklayers Arms pub in Great Yarmouth

Mr Layden, formerly of South Quay in Great Yarmouth, was first handed a life sentence of at least 13 years in prison in April 2013.

That first conviction was quashed, but he was found guilty following a second trial in 2016 - and was sentenced to nearly nine years in prison.

However, the Court of Appeal judges were told he was arraigned for the retrial on 28 September 2015, having appealed against the first conviction on 19 March that year.

A defendant must be rearraigned within two months of an appeal.

Arraignment involves the indictment being put to the defendant in open court, allowing them to state whether they plead guilty or not guilty.

Appeal allowed

Lady Carr, Mr Justice Jeremy Baker and Mrs Justice Heather Williams said Norwich Crown Court did not have jurisdiction to try Mr Layden.

"The situation was entirely avoidable," the ruling added.

A spokesman for the Criminal Cases Review Commission, which referred the case, said the arraignment in 2015 was "considerably outside the maximum two-month time limit".

Lady Carr added an "appeal will be allowed". The Crown Prosecution Service was contacted for comment.

The Ministry of Justice was asked by the BBC whether Mr Layden had been released from custody.