The prosecution sought leave to appeal the quashing of an indictment.
Held: Section 53 of the 2003 Act could not be used for this purpose. The defendants had successfully challenged the adequacy of the Crown’s case before trial. The defendants had not therefore been arraigned, and the dismissal did not amount to a formal acquittal which could allow the appeal requested. Parliament has not provided for an appeal against the dismissal of a charge under sections 58-61 of the Criminal Justice Act 2003.
Judges:
Lord Justice Rix, Mrs Justice Dobbs and Sir Charles Mantell
Citations:
[2006] EWCA Crim 2849, Times 06-Dec-2006, [2007] 1 WLR 1123, [2007] 2 All ER 205, [2007] 1 Cr App R 15
Links:
Statutes:
Cited by:
Cited – Serious Fraud Office v Evans and Others QBD 14-Nov-2014
The court faced an application by the SFO for a voluntary bill of indictment. Similar charges against the defendants had been discharged. The allegations involved very substantial alleged frauds. . .
Cited – Edmondson and Others v Regina CACD 28-Jun-2013
Course of Transmission includes Voicemails
The defendants appealed against convictions for conspiracy to intercept telephone voicemail messages whilst employed in various positions in newspapers. The issue boiled down to when the ‘course of transmission’ of a voicemail message ended, that is . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 08 July 2022; Ref: scu.246350