No appeal lies against a Crown Court decision not to sever an indictment at a preparatory hearing. As an interlocutory order no appeal lay.
Citations:
Ind Summary 18-Oct-1993, Ind Summary 06-Sep-1993, Times 29-Oct-1993, (1993) 98 Cr App R 308
Statutes:
Criminal Justice Act 1987 7(1) 9(11)
Jurisdiction:
England and Wales
Citing:
Cited – 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 by:
Cited – Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French CACD 13-Jun-2001
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: . .
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: 25 May 2022; Ref: scu.86995
