Criminal appeals against sentence/conviction do not survive the death of the appellant.
Statutory appeals cannot be pursued when the appellant dies before the hearing.
Criminal appeals to Court of Appeal abate after the death of applicant.
Citations:
Ind Summary 24-Jan-1994, Times 29-Nov-1993, Gazette 12-Jan-1994
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Regina v Kearley (Dec, by his Agent Brian Sharman) (Number 2) HL 21-Jul-1994
An appeal lapses with the death of the appellant even though others may be affected. A statutory right of appeal is a personal right and does not survive the applicant.
Rights of appeal die with appellant even after remission by House of Lords. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 28 April 2022; Ref: scu.87040