BHQ, R. v (Re Jurisdiction Only) [2023] EWCA Crim 1018 (08 September 2023)

BHQ, R. v (Re Jurisdiction Only) [2023] EWCA Crim 1018 (08 September 2023)

An appeal lies to the Court of Appeal from a preparatory hearing ruling on abuse of process if the ruling determines a question of law relating to the case, but appellate intervention is only justified where there is legal error, misdirection, or irrationality; in this case, leave to appeal is refused as no such error was found.

Citation
[2023] EWCA Crim 1018
Parties
Applicant: BHQ; Respondent: THE KING
Jurisdiction
England and Wales
Judgment Date
08 September 2023
Procedural Posture
Criminal Appeal / Application for Permission to Appeal (jurisdictional Ruling)
Outcome
Leave to appeal refused; application dismissed.
Legal Topics
Abuse of Process, Jurisdiction, Preparatory Hearing, Appeals
Criminal Law Procedural Law Abuse of Process Jurisdiction Preparatory Hearing Appeals

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Parties

BHQ

Applicant

THE KING

Respondent

Procedural Posture

Criminal Appeal / Application for Permission to Appeal (jurisdictional Ruling)

Legal Issues

  1. 1 Does the Court of Appeal have jurisdiction to hear an appeal from a preparatory hearing ruling on abuse of process under section 31(3) CPIA 1996?
  2. 2 Are rulings on abuse of process 'questions of law relating to the case' for the purposes of interlocutory appeals?

Ratio Decidendi

An appeal lies to the Court of Appeal from a preparatory hearing ruling on abuse of process if the ruling determines a question of law relating to the case, but appellate intervention is only justified where there is legal error, misdirection, or irrationality; in this case, leave to appeal is refused as no such error was found.

Court Disposition

Leave to appeal refused; application dismissed.

Orders

  • Permission to cite this judgment granted.