Thakrar v Crown Prosecution Service

Thakrar v Crown Prosecution Service

The Court of Appeal has no jurisdiction to entertain an appeal from the High Court's refusal of permission to apply for judicial review in a criminal cause or matter, as the underlying subject matter was the discontinuance of criminal proceedings, which is a criminal cause or matter under s.18(1) of the Senior Courts Act 1981.

Parties
Claimant/applicant: Sanjay Thakrar; Defendant/respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
21 May 2019
Procedural Posture
Judicial Review / Application for Permission to Appeal to the Court of Appeal From Refusal of Permission for Judicial Review
Outcome
Application for permission to appeal refused for want of jurisdiction.
Legal Topics
Jurisdiction of Court of Appeal, Criminal Cause or Matter, Discontinuance of Prosecution, Appeal Routes in Judicial Review, Interpretation of Senior Courts Act 1981 S.18(1)
Criminal Law Judicial Review Appellate Procedure Jurisdiction of Court of Appeal Criminal Cause or Matter Discontinuance of Prosecution Appeal Routes in Judicial Review Interpretation of Senior Courts Act 1981 S.18(1)

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Parties

Sanjay Thakrar

Claimant/applicant

Crown Prosecution Service

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal to the Court of Appeal From Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain an appeal from the High Court's refusal of permission to apply for judicial review in a criminal cause or matter
  2. 2 Whether the underlying proceedings constitute a 'criminal cause or matter' under s.18(1) of the Senior Courts Act 1981

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an appeal from the High Court's refusal of permission to apply for judicial review in a criminal cause or matter, as the underlying subject matter was the discontinuance of criminal proceedings, which is a criminal cause or matter under s.18(1) of the Senior Courts Act 1981.

Court Disposition

Application for permission to appeal refused for want of jurisdiction.

Orders

  • Application for permission to appeal is refused.