The Crown applied to be allowed to withdraw its abandonment of an application for leave to appeal to the House of Lords.
Held: The court had jurisdiction to allow withdrawal of a notice of abandonment of appeal or application for leave to appeal where the notice of abandonment can be treated as a nullity, that is to say where ‘the mind of the applicant did not go with his act of abandonment’.
Citations:
[2002] EWCA Crim 2675
Jurisdiction:
England and Wales
Cited by:
Cited – Blackwood, Regina v CACD 5-Mar-2012
The defendant had succeeded in his appeal against a rape conviction. After the case, and his release, the prosecution sought a retrial. The defendant now argued that the court was functus officio.
Held: An order on an appeal becomes final when . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 18 May 2022; Ref: scu.451797
