B v Carlisle Crown Court

B v Carlisle Crown Court

Permission to proceed with judicial review is granted on the ground that the judge's questioning of defence witnesses about previous convictions constituted a material irregularity, which may have influenced the outcome.

Parties
Appellant: B; Respondent: Carlisle Crown Court
Jurisdiction
England and Wales
Judgment Date
07 October 2009
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Outcome
Permission to apply for judicial review granted in part
Legal Topics
Section 47 Assault, Bad Character Evidence, Procedural Irregularity
Criminal Law Judicial Review Section 47 Assault Bad Character Evidence Procedural Irregularity

Case Brief

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Parties

B

Appellant

Carlisle Crown Court

Respondent

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge's questioning of defence witnesses about previous convictions constituted a material irregularity
  2. 2 Whether the difference in treatment between prosecution and defence witnesses was justified
  3. 3 Whether the irregularity warrants judicial review of the Crown Court's decision

Ratio Decidendi

Permission to proceed with judicial review is granted on the ground that the judge's questioning of defence witnesses about previous convictions constituted a material irregularity, which may have influenced the outcome.

Court Disposition

Permission to apply for judicial review granted in part

Orders

  • Permission granted on the ground of irregular questioning of defence witnesses about previous convictions
  • Matter reserved for a Divisional Court