R. v Crown Prosecution Service, Re Interlocutory Application

R. v Crown Prosecution Service, Re Interlocutory Application

The Court of Appeal has no jurisdiction to entertain the appeal as the trial judge's order for transcription was not made for any of the purposes identified in section 29(2) of the Criminal Procedure and Investigations Act 1996, but was a discretionary case management decision to ensure a fair trial. Consequently, there is no right of appeal under section 35.

Parties
Applicant: Crown Prosecution Service; Respondent: A1; Respondent: A2; Respondent: B; Respondent: M
Jurisdiction
England and Wales
Judgment Date
07 September 2005
Procedural Posture
Criminal Appeal / Interlocutory Application Under Ss35/36 Criminal Procedure and Investigation Act 1996
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Disclosure, Audio Surveillance, Fair Trial, Article 6 ECHR, Preparatory Hearing, Jurisdiction
Criminal Law Criminal Procedure Human Rights Disclosure Audio Surveillance Fair Trial Article 6 ECHR Preparatory Hearing +1 more

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Parties

Crown Prosecution Service

Applicant

A1

Respondent

A2

Respondent

B

Respondent

M

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Application Under Ss35/36 Criminal Procedure and Investigation Act 1996

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal against a trial judge's order for transcription of audio surveillance material under section 35 of the Criminal Procedure and Investigations Act 1996
  2. 2 Whether Article 6 ECHR and the equality of arms principle require the prosecution to prepare and disclose full transcripts of audio surveillance material or if disclosure of the audio product and a guide is sufficient

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain the appeal as the trial judge's order for transcription was not made for any of the purposes identified in section 29(2) of the Criminal Procedure and Investigations Act 1996, but was a discretionary case management decision to ensure a fair trial. Consequently, there is no right of appeal under section 35.

Court Disposition

Appeal dismissed for lack of jurisdiction