The defendant was tried on several sexual offences, amongst which was included a rape of a girl under 16, committed abroad before the Act came into effect. He appealed.
Held: The convictions were set aside. The rape was non-justiciable, since an English court did not have jurisdiction to hear it. That must make the trial and other convictions unsafe. The 1997 Act had no retrospective effect. The evidence of the earlier rape might or might not have been admitted by the judge as similar fact evidence, but that question could not now be answered, and the jury would have received additional cautionary warnings. A re-trial was ordered of the justiciable matters. There was no right of appeal against a refusal to stay the case on the ground of abuse of process, but a ruling on the admission of evidence could be the subject of an interlocutory appeal.
Citations:
Times 02-Feb-2001, Gazette 26-Apr-2001
Statutes:
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: . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 11 May 2022; Ref: scu.88588
