The court heard applications for leave to appeal on behalf of applicants who had either absconded or disappeared.
Held: The court considered whether the lawyers filing the appeals had authority, whether express or implied. ‘we are satisfied that the practice should be: applications from absconders should not be treated as ineffective per se. If there are grounds for believing an absconder has given authority to appeal, expressly or impliedly, or the case is one where the Court might wish to intervene in the interests of justice, the Court should proceed as normal.’
In Okedare’s case the matter raised an important issue as to te construction of a statute, and leave was given. In other caes leave was refused.
Hallett LJ VP CACD, Silber, Green JJ
[2014] EWCA Crim 228, [2014] 1 WLR 4071, [2014] 3 All ER 109
Bailii
England and Wales
Citing:
Cited – Regina v Flower 1966
Widgery J said that the practice of the Court where an appellant escapes is either ‘to adjourn the appeal or dismiss it according to the justice of the case.’ . .
Cited – Regina v Gooch CACD 16-Jan-1998
Leave to appeal conviction and sentence had been given and the appellant absconded before the appeal against sentence could be determined. The Crown wanted the appeal resolved so that it could enforce a confiscation order, and therefore invited the . .
Cited – Regina v Charles, Regina v Tucker CACD 20-Feb-2001
Charles had absconded on the day he was convicted of robbery shortly before the summing up. He was arrested over a year later and sentenced. He gave instructions to his solicitors to advance and renew his applications for leave to appeal conviction . .
Cited – Regina v Jones (No 1) 1971
The court considered the position on hearing an appeal by a defendant who had absconded during his trial.
Held: A decision whether or not to appeal against conviction ‘cannot rationally be taken before the verdict is known’. It concluded that . .
Cited – Regina v Maguire CACD 1992
The defendant, convicted of murder, had died. It later came to light that materials with the prosecution forensic team had not been disclosed by the prosecution.
Held: The Home Secretary could make a reference to the Appeal court despite the . .
Cited – Riley and Others, Regina v CACD 1-Nov-2012
Two of the applicants had absconded. One of them Bradley absconded during his first trial, and was convicted in his absence at a re-trial. He sought to persuade the Court that grounds of appeal lodged on his behalf by counsel and solicitors who . .
Cited – Regina v KC CACD 2010
The Court was asked to entertain an application from lawyers acting for a man who had absconded during his trial on the basis his sentence was excessive. The argument focused on the fact the offences were historic and committed at a time a different . .
Cited – Regina v Kumar CACD 2007
The Court allowed the defendant’s appeal against sentence on the grounds it was excessive despite the fact the appellant had absconded from prison whilst serving his sentence. . .
Cited – Regina v McGing CACD 2005
The Court, proceeding on the basis the appellant’s counsel ‘had her instructions’, heard and determined an application to appeal sentence from a man who had absconded. It quashed an order ‘for return to prison’ made in error and in ignorance of an . .
Cited – L and Others v The Children’s Commissioner for England and Another CACD 21-Jun-2013
Even where it has been clearly established that a defendant had been trafficked that should not provide him with immunity from prosecution for a criminal offence. Lord Judge CJ explained that: ‘it has not, however, and could not have been argued . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 November 2021; Ref: scu.521632