The defendants faced substantial trials involving drugs offences. At a preparatory hearing the court made decisions about abuse of process and as to what evidence might be admitted. The prosecutor said there was no right of appeal.
Held: (publication having been held back) Since the issues would have been heard in the absence of the jury during a trial, it was possible for them to be heard at a preparatory hearing, and also therefore an interlocutory right of appeal lay. Parliament had clearly intended such rulings to be capable of bing subject of an interlocutory appeal.
Judges:
Henry LJ, Jack J, Sir Harry Ognall
Citations:
Times 13-Feb-2004, [2004] 1 WLR 1575, [2001] EWCA Crim 1359
Links:
Statutes:
Criminal Procedure and Investigations Act 1996 829 35, Police and Criminal Evidence Act 1984 78
Jurisdiction:
England and Wales
Citing:
Not followed – In re Gunawardena, Harbutt and Banks CACD 1990
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 . .
Cited – Regina v Moore CACD 5-Feb-1991
The court considered whether to quash a count of theft: ‘The fact that a possible incidental effect of the purposes of the application does find itself within those sub-provisions (a) to (d) is not one of the purposes of those provisions. It is the . .
Cited – Regina v Moore CACD 5-Feb-1991
The court considered whether to quash a count of theft: ‘The fact that a possible incidental effect of the purposes of the application does find itself within those sub-provisions (a) to (d) is not one of the purposes of those provisions. It is the . .
Cited – Regina v Jennings, Regina v Johnson, Regina v Mullins CACD 6-Sep-1993
No appeal lies against a Crown Court decision not to sever an indictment at a preparatory hearing. As an interlocutory order no appeal lay. . .
Cited – Regina v Moore and others CACD 9-Feb-1995
. .
Cited – Regina v Moore and others CACD 9-Feb-1995
. .
Cited – Regina v Hedworth CACD 20-Sep-1996
The court allowed amendment of the indictment to reflect the law as demonstrated in Preddy, and at a preparatory hearing application was made to quash the amended indictment on the basis that the charges were not supported by evidence in the . .
Cited – Regina v R CACD 2-Feb-2001
The defendant was tried on several sexual offences, amongst which was included a rape of a girl under 16, committed abroad before the Act came into effect. He appealed.
Held: The convictions were set aside. The rape was non-justiciable, since . .
Cited by:
Cited – H, Regina v (Interlocutory application: Disclosure) HL 28-Feb-2007
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 February 2022; Ref: scu.193470