AT & Anor, R. v [2009] EWCA Crim 668 (12 March 2009)

AT & Anor, R. v [2009] EWCA Crim 668 (12 March 2009)

The prosecution failed to comply with the statutory and procedural requirements to immediately notify the court of intention to appeal or request an adjournment after the ruling, rendering the application for leave to appeal invalid.

Citation
[2009] EWCA Crim 668
Parties
Defendant: AT; Defendant: MT; Prosecution: The Crown
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal by Prosecution
Outcome
application for leave to appeal refused
Legal Topics
Prosecution Appeals, Admissibility of Evidence, Criminal Procedure Rules
Criminal Law Criminal Procedure Prosecution Appeals Admissibility of Evidence Criminal Procedure Rules

Case Brief

Summary, issues, holding and outcome

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Parties

AT

Defendant

MT

Defendant

The Crown

Prosecution

Procedural Posture

Criminal Appeal / Application for Leave to Appeal by Prosecution

Legal Issues

  1. 1 Whether the prosecution complied with statutory and procedural requirements to appeal a trial ruling under section 58 of the Criminal Justice Act 2003
  2. 2 Whether the prosecution's failure to immediately indicate intention to appeal or request adjournment invalidates the appeal

Ratio Decidendi

The prosecution failed to comply with the statutory and procedural requirements to immediately notify the court of intention to appeal or request an adjournment after the ruling, rendering the application for leave to appeal invalid.

Court Disposition

application for leave to appeal refused

Orders

  • Application for leave to appeal is refused.