The defendant had appealed against his conviction to the Crown Court, but then given notice under rule 11 of his abandonment of the appeal. A few months later a Crown Court judge allowed an application for its re-instatement.
Held: The appeal against re-instatement was allowed. The court identified the jurisdiction to permit an argument that abandonment is a nullity in certain circumstances. Re-instatement should only be allowed where the abandonment itself could be seen as a nullity.
Citations:
[1986] Crim LR 194
Statutes:
Cited by:
Cited – Wilson v Ashford Borough Council Admn 9-Mar-2010
The defendant appealed against an order for costs made against her after service and enforcement of an abatement notice with respect to an audible intruder alarm at her premises. She had first lodged an appeal to the Crown Court, but argued that . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 06 May 2022; Ref: scu.421631