Crown Prosecution Service v C & Ors

Crown Prosecution Service v C & Ors

There was no jurisdiction for the Crown's appeal because the prosecution failed to notify the court of its agreement under section 58(8) of the Criminal Justice Act 2003 at or before the time of announcing its intention to appeal. Compliance with section 58(8) is a mandatory condition precedent to the right of appeal, and the subsequent acquittal of the defendants precluded any appeal. The requirements of section 58(4) and (8) are strict and must be fulfilled for jurisdiction to exist.

Parties
Appellant: Crown Prosecution Service; Respondent: C; Respondent: M; Respondent: H
Jurisdiction
England and Wales
Judgment Date
11 December 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling
Outcome
appeal dismissed for want of jurisdiction
Legal Topics
Prosecution Appeals, Terminating Rulings, Adjournment, Acquittal, Case Management, Criminal Justice Act 2003 Section 58
Criminal Law Criminal Procedure Prosecution Appeals Terminating Rulings Adjournment Acquittal Case Management Criminal Justice Act 2003 Section 58

Case Brief

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Parties

Crown Prosecution Service

Appellant

C

Respondent

M

Respondent

H

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether the Crown Prosecution Service had jurisdiction to appeal a terminating ruling after acquittal without compliance with section 58(8) of the Criminal Justice Act 2003
  2. 2 Whether the judge's refusal to grant an adjournment and subsequent acquittal precluded the right of appeal under section 58
  3. 3 Whether the requirements of section 58(4) and (8) are mandatory conditions precedent to the right of appeal

Ratio Decidendi

There was no jurisdiction for the Crown's appeal because the prosecution failed to notify the court of its agreement under section 58(8) of the Criminal Justice Act 2003 at or before the time of announcing its intention to appeal. Compliance with section 58(8) is a mandatory condition precedent to the right of appeal, and the subsequent acquittal of the defendants precluded any appeal. The requirements of section 58(4) and (8) are strict and must be fulfilled for jurisdiction to exist.

Court Disposition

appeal dismissed for want of jurisdiction