The defendants were arrested after distributing leaflets outside a furriers, and appealed against convictions for obstructing the highway. Held: The appeals succeeded. In deciding whether there was a lawful excuse for a technical obstruction of the highway, the Court rejected the test that a use of the highway which was not incidental to passing along … Continue reading Hirst and Agu v Chief Constable of West Yorkshire: QBD 1987
Court of Appeal has no jurisdiction to hear an appeal against a judge’s decision to allow prosecution after tax settlement. Citations: Times 24-Mar-1998 Statutes: Criminal Justice Act 1987 7(1) Jurisdiction: England and Wales Criminal Practice Updated: 23 July 2022; Ref: scu.88231
No appeal lies against a Crown Court decision not to sever an indictment at a preparatory hearing. As an interlocutory order no appeal lay. Citations: Ind Summary 18-Oct-1993, Ind Summary 06-Sep-1993, Times 29-Oct-1993, (1993) 98 Cr App R 308 Statutes: Criminal Justice Act 1987 7(1) 9(11) Jurisdiction: England and Wales Citing: Cited – In re … Continue reading Regina v Jennings, Regina v Johnson, Regina v Mullins: CACD 6 Sep 1993
A judge’s ruling as to the scope of an indictment at a preliminary hearing was within the section since it identified issues ‘likely to be material . . to the jury’ Accordingly the judge was determining an issue of law rather than management, and his decision was appealable. The judge had ruled as to the … Continue reading Regina v G and Others: CACD 30 Mar 2001
The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to support a defence of diminished responsibility where the issue had not been raised at trial. … Continue reading Regina v Campbell: CACD 25 Oct 1996
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The defendant applied to stay the proceedings on the grounds that they were an abuse of process.
Held: The application for leave to appeal was rejected. The application to stay was not within the ambit of the preparatory hearing and therefore . .
