The defendant had succeeded in his appeal against a rape conviction. After the case, and his release, the prosecution sought a retrial. The defendant now argued that the court was functus officio.
Held: An order on an appeal becomes final when it is recorded by the proper officer of the court of trial. As the Registrar had sent the order allowing the appeal to the Crown Court with a request that the records held on CREST be updated to reflect the allowing of the appeal and the quashing of the conviction and the record on CREST had been updated, it was too late to order a retrial. The formal record had recorded an acquittal with no provision for a retrial.
Richards LJ, Kenneth Parker, Lindblom JJ
[2012] 2 Cr App R 1, [2012] EWCA Crim 390
Bailii
Criminal Appeal Act 1968 2 7, Criminal Procedure Rules 65.7(2)
England and Wales
Citing:
Applied – Regina v Cross (Patrick) CACD 1973
The court had allowed an appeal against sentence; but later the same day the defendant was brought back because the court thought that he had not been frank in answering questions about another offence.
Held: The court set aside its original . .
Cited – Regina v Medway CACD 1976
The court had jurisdiction to give an applicant or appellant leave to withdraw a notice of abandonment of appeal or application for leave to appeal only where the notice of abandonment can be treated as a nullity.
Lawson J said: ‘The answer to . .
Cited – Regina v Daniel CACD 1977
The applicant renewed his application for leave to appeal, which had been refused by the single judge. He instructed solicitors who wrote to the court to advise that they intended to instruct Counsel on the renewed application. Due to an . .
Cited – Regina v Palmer CACD 2002
The Crown applied to be allowed to withdraw its abandonment of an application for leave to appeal to the House of Lords.
Held: The court had jurisdiction to allow withdrawal of a notice of abandonment of appeal or application for leave to . .
Cited by:
Cited – Yasain, Regina v CACD 16-Jul-2015
The Court was asked as to the powers of the Court of Appeal Criminal Division to re-open an appeal to correct an error which is said to have caused real injustice in that the error led to the quashing of a sentence lawfully imposed in the Crown . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 02 November 2021; Ref: scu.451791