The court considered an application by the defendant for leave to appeal to the Supreme Court, noting that section 13 of the 1960 Act did not provide for such a right after the 2006 Act.
Held: The words could not themselves be construed to preserve the existence of an appeal, but the criteria set out in Inco Europe had been met, and this was a clear case of an error in draftsmanship. The appeal could proceed.
Judges:
Gross LJ, Openshaw J, Milford QC
Citations:
[2012] EWCA Crim 901, [2012] 2 Cr App R 29, [2012] 1 WLR 3188, [2012] 3 All ER 1017, [2012] 4 Costs LR 678, [2012] WLR(D) 133
Links:
Statutes:
Administration of Justice Act 1960 13, Armed Forces Act 2006 378
Jurisdiction:
England and Wales
Citing:
Applied – Inco Europe Ltd and Others v First Choice Distributors (A Firm) and Others HL 10-Mar-2000
Although the plain words of the Act would not allow an appeal to the Court of Appeal under the circumstances presently applying, it was clear that the parliamentary draftsman had failed to achieve what he had wanted to, that the omission was in . .
See Also – OB v The Director of The Serious Fraud Office CACD 1-Feb-2012
The court was asked whether a breach of an order under section 41 of the 2002 Act was a civil or a criminal contempt of court. The defendant had fled to the US to avoid complying with restraint orders on being investigated for financial fraud. He . .
Cited by:
See Also – Regina v O’Brien SC 2-Apr-2014
The court considered how to apply the rule that an extradition may only be for trial on matters committed before the extradition if they have been the basis of the request to a defendant’s commission of contempt of court after conviction. After . .
Cited – Ramet, Re Application for The Committal To Prison FD 22-Jan-2014
Whilst the judge was delivering her judgment in a child custody dispute the father physically attacked the mother across the well of the court, and a court clerk who came to assist her. He now faced contempt proceedings after being sentenced to . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Contempt of Court
Updated: 23 October 2022; Ref: scu.457705