Quashed pub murder ruling could go to Supreme Court

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

The Court of Appeal's decision to quash a prisoner's murder conviction over a procedural error could be challenged in the Supreme Court.

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

On Wednesday, three appeal judges concluded that he was not properly arraigned - whereby a defendant is asked how they plead - before a retrial at Norwich Crown Court in 2016.

The Crown Prosecution Service (CPS) spokesman said: "We are considering the judgment and the possibility of appealing the decision to the Supreme Court.”

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 for Mr Church's murder in April 2013.

He successfully appealed against that conviction in March 2015 and was rearraigned for a new trial six months later.

Mr Layden was again found guilty in May 2016 and was sentenced to almost nine years in prison.

Last year, he applied to the Criminal Cases Review Commission (CCRC) to look at concerns around the timing of his retrial.

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

'Entirely avoidable'

On Wednesday, Court of Appeal judge Lady Chief Justice Sue Carr said: "His [Mr Layden's] conviction for murder is unsafe and must be quashed".

Lady Carr, Mr Justice Jeremy Baker and Mrs Justice Heather Williams said Norwich Crown Court did not have jurisdiction to try Mr Layden and that the "situation was entirely avoidable".

Lady Carr added an "appeal will be allowed".

A spokesperson for the CCRC, which referred the case, said the arraignment in 2015 was "considerably outside the maximum two-month time limit".

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