Lambert, R v

Lambert, R v

Proceedings against the appellant were instituted before the Attorney General's permission was given, contrary to s.117(2) of the Terrorism Act 2000, and the plea before venue hearing was not within the scope of procedural steps permitted by s.25(2) of the Prosecution of Offences Act 1985 without such permission.

Parties
Respondent: Regina; Appellant: Goldan Lambert
Jurisdiction
England and Wales
Judgment Date
03 April 2009
Procedural Posture
Criminal Appeal / Appeal From Preparatory Hearing Decision
Outcome
Appeal allowed
Legal Topics
Consent to Prosecution, Institution of Proceedings, Terrorism Offences, Procedural Requirements
Criminal Law Constitutional Law Consent to Prosecution Institution of Proceedings Terrorism Offences Procedural Requirements

Case Brief

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Parties

Regina

Respondent

Goldan Lambert

Appellant

Procedural Posture

Criminal Appeal / Appeal From Preparatory Hearing Decision

Legal Issues

  1. 1 Whether proceedings were properly instituted without the Attorney General's permission under s.117(2) of the Terrorism Act 2000
  2. 2 Whether a plea before venue hearing can occur before such permission is given
  3. 3 Interpretation of s.25(2) of the Prosecution of Offences Act 1985

Ratio Decidendi

Proceedings against the appellant were instituted before the Attorney General's permission was given, contrary to s.117(2) of the Terrorism Act 2000, and the plea before venue hearing was not within the scope of procedural steps permitted by s.25(2) of the Prosecution of Offences Act 1985 without such permission.

Court Disposition

Appeal allowed

Orders

  • Crown Court may reconstitute as Magistrates’ Court and hold a new plea before venue hearing