The defendants purported to serve a notice under Rule 24A(1) of the Crown Court Rules 1982 of an intention to apply for a hearing in camera of their application that the trial be stopped as an abuse of process.
Held: Where an application was to be made for a trial to be held in camera, an application to stay proceedings on the ground that the trial would be an abuse of process could itself be heard in camera. An order re ‘all or part of a trial’ included such application. It was said that the grounds for the judge’s decision were mre wide ranging than had been revealed. The words in the rule 24A meant what they said: ‘A notice that the relevant party intends to apply for an order that the relevant part of the trial process . . be held in camera for reasons of national security or for the protection of identity of a witness. This was not done. We appreciate that there may be rare cases where it might invalidate the very purpose of the application to specify which of the two grounds was being relied on and in such a case it would be proper for the party to use the language of the rule without being more specific.’
A criminal trial starts when the jury are sworn and the defendant is put in their charge.
Brooke LJ, Kay, Marurice Kay JJ
Times 09-Oct-1998, Gazette 14-Oct-1998, [1998] EWCA Crim 2670, [1999] 1 Cr App R 284, [1999] 1 WLR 2130
Bailii
Crown Court Rules 1982 24A(1)
England and Wales
Citing:
See Also – Regina v Guardian Newspapers Ltd CACD 15-Sep-1998
The defendants purported to serve a notice under Rule 24A(1) of the Crown Court Rules 1982 of an intention to apply for a hearing in camera of their application that the trial be stopped as an abuse of process.
Held: ‘This is not a formal . .
Cited by:
Cited – A and Others, Regina v; Regina v The Crown Court at the Central Criminal Court ex parte A Times Newspapers Ltd etc CACD 13-Jan-2006
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
Cited – Norfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
Cited – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Cited – Turk (Deceased) v Regina CACD 6-Apr-2017
Defendant’s death stops trial immediately
At his trial for serious sexual offences, the jury passed a note to the judge saying that they had reached unanimous verdicts on several counts. The judge did not pass the note to counsel, but instead asked the jury to retire overnight to try again . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Crime, Media
Updated: 31 October 2021; Ref: scu.155544