Smith v Crown Prosecution Service

Smith v Crown Prosecution Service

The decision as to whether procedural irregularities in not following paragraph 7 of Schedule 3 of the Crime and Disorder Act 1998 could be remedied by following the procedure later is a matter affecting the conduct of the trial and is therefore not amenable to review by case stated; the High Court lacks...

Source-derived case information.

Parties
Claimant: Henry Lee Smith; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
15 November 2005
Procedural Posture
Criminal Appeal by Way of Case Stated / Jurisdictional Ruling on Appeal From Crown Court Decision
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
Jurisdiction, Indictment, Procedural Irregularity, Appeal by Case Stated
Criminal Law Criminal Procedure Jurisdiction Indictment Procedural Irregularity Appeal by Case Stated

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Parties

Henry Lee Smith

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Jurisdictional Ruling on Appeal From Crown Court Decision

Legal Issues

  1. 1 Whether the High Court has jurisdiction by way of case stated to review a Crown Court decision relating to trial on indictment
  2. 2 Whether failure to follow Schedule 3, paragraph 7 of the Crime and Disorder Act 1998 renders proceedings a nullity or can be cured

Ratio Decidendi

The decision as to whether procedural irregularities in not following paragraph 7 of Schedule 3 of the Crime and Disorder Act 1998 could be remedied by following the procedure later is a matter affecting the conduct of the trial and is therefore not amenable to review by case stated; the High Court lacks jurisdiction to hear the appeal.

Court Disposition

Appeal dismissed for want of jurisdiction