AT & Anor, R. v

AT & Anor, R. v

The prosecution's failure to comply with the immediate notification requirements under section 58 of the Criminal Justice Act 2003 and the Criminal Procedure Rules is a fundamental procedural defect that bars the appeal.

Parties
Prosecution: R (Regina); Defendant: AT; Defendant: MT
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal (prosecution)
Outcome
application for leave to appeal refused
Legal Topics
Prosecution Appeals, Timeliness of Appeal, Child Cruelty, Admissibility of Evidence
Criminal Law Criminal Procedure Prosecution Appeals Timeliness of Appeal Child Cruelty Admissibility of Evidence

Case Brief

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Parties

R (Regina)

Prosecution

AT

Defendant

MT

Defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal (prosecution)

Legal Issues

  1. 1 Whether the prosecution complied with statutory and procedural requirements for seeking leave to appeal a trial ruling
  2. 2 Whether the prosecution's failure to indicate intention to appeal or request adjournment immediately after the ruling bars the appeal

Ratio Decidendi

The prosecution's failure to comply with the immediate notification requirements under section 58 of the Criminal Justice Act 2003 and the Criminal Procedure Rules is a fundamental procedural defect that bars the appeal.

Court Disposition

application for leave to appeal refused

Orders

  • The application for leave to appeal is refused.