Clarke, R. v [2026] EWCA Crim 184 (06 February 2026)
Section 58 of the Criminal Justice Act 2003 does not prevent a trial judge from reversing a ruling of no case to answer during an adjournment for prosecution to consider appeal; the judge's discretion to do so was properly exercised, and no unfair prejudice or legitimate expectation arose to vitiate the conviction.
- Citation
- [2026] EWCA Crim 184
- Parties
- Prosecution: Rex; Applicant: Alan Clarke
- Jurisdiction
- England and Wales
- Judgment Date
- 06 February 2026
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Conviction
- Outcome
- application for leave to appeal refused
- Legal Topics
- Sexual Offences, Attempted Rape, Judicial Discretion, No Case to Answer, Criminal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Alan Clarke
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether a trial judge may lawfully reverse a ruling of 'no case to answer' during an adjournment under section 58 of the Criminal Justice Act 2003
- 2 Whether the judge's exercise of discretion to reverse the ruling was proper
- 3 Whether the applicant had a legitimate expectation that the initial ruling would stand
Ratio Decidendi
Section 58 of the Criminal Justice Act 2003 does not prevent a trial judge from reversing a ruling of no case to answer during an adjournment for prosecution to consider appeal; the judge's discretion to do so was properly exercised, and no unfair prejudice or legitimate expectation arose to vitiate the conviction.
Court Disposition
application for leave to appeal refused
Full Case Text
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