The Judge had purported to strike out a number of cases on the ground that prosecuting counsel was not immediately in court when they were called on. He then ordered that verdicts of ‘not guilty’ be entered. The Crown obtained voluntary bills of indictment. When arraigned on those new indictments, the several defendants pleaded autrefois acquit. The Judges hearing the new proceedings ruled that that plea could not be made out, because what the first Judge had done was a nullity and had not resulted in any valid acquittal.
Held: The decisions were upheld. the Lord Chief Justice set out various ways in which an indictment can be disposed of without trial: by plea of guilty, by plea in bar, by a nolle prosequi entered by the Attorney General, by a verdict under section 17 of the Criminal Justice Act 1967 consequent on the Crown offering no evidence, and by a stay on the ground of abuse of process. The purported direction that verdicts of ‘not guilty’ be entered was held to be a nullity.
Judges:
Lord Lane CJ
Citations:
(1981) 72 Cr App R 307
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – N Ltd and Another, Regina v CACD 10-Jun-2008
The defence had requested and been give a ruling of no case to answer. The prosecutor now appealed saying that this had been before he had closed the prosecution case, and had been not with his consent.
Held: The prosecutor’s appeal succeeded. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 December 2022; Ref: scu.652235
