An appeal lapses with the death of the appellant even though others may be affected. A statutory right of appeal is a personal right and does not survive the applicant.
Rights of appeal die with appellant even after remission by House of Lords.
Judges:
Lord Jauncey
Citations:
Independent 19-Jul-1994, Times 21-Jul-1994, Gazette 12-Oct-1994, (1994) 99 Cr App R 335
Statutes:
Criminal Appeals Act 1968 35(3)
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Kearley, Regina v Harris (Lee) CACD 29-Nov-1993
Criminal appeals against sentence/conviction do not survive the death of the appellant.
Statutory appeals cannot be pursued when the appellant dies before the hearing.
Criminal appeals to Court of Appeal abate after the death of applicant. . .
Approved – Regina v Jefferies 1968
The appellant died pending his appeal being heard and his widow wished to pursue a challenge to the order for payment of prosecution costs.
Held: The powers of the court were derived from statute and did not permit such a course.
Widgery . .
Cited by:
Cited – Turk (Deceased) v Regina CACD 6-Apr-2017
Defendant’s death stops trial immediately
At his trial for serious sexual offences, the jury passed a note to the judge saying that they had reached unanimous verdicts on several counts. The judge did not pass the note to counsel, but instead asked the jury to retire overnight to try again . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 28 April 2022; Ref: scu.87036
