H, R. v Re Interlocutory Application

H, R. v Re Interlocutory Application

The Court of Appeal does not have jurisdiction to hear an appeal from a refusal to order disclosure during a preparatory hearing because such a ruling does not fall within the specified purposes of a preparatory hearing under section 7(1) of the Criminal Justice Act 1987, as consistently held in prior authorities.

Parties
Applicant: H; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
07 July 2006
Procedural Posture
Criminal Appeal (interlocutory Application) / Application for Leave to Appeal and Determination of Appeal From Interlocutory Ruling on Disclosure During Preparatory Hearing
Outcome
Appeal dismissed for want of jurisdiction; leave to appeal granted but appeal dismissed; certificate for a point of law of general public importance to be drafted and considered.
Legal Topics
Disclosure, Jurisdiction of Court of Appeal, Preparatory Hearings, Interlocutory Appeals
Criminal Law Criminal Procedure Disclosure Jurisdiction of Court of Appeal Preparatory Hearings Interlocutory Appeals

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Parties

H

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal (interlocutory Application) / Application for Leave to Appeal and Determination of Appeal From Interlocutory Ruling on Disclosure During Preparatory Hearing

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal from a refusal to order disclosure during a preparatory hearing under section 9(11) of the Criminal Justice Act 1987
  2. 2 Whether an order made pursuant to an application under section 8 of the Criminal Procedure and Investigations Act 1996 can be appealed under section 9 of the Criminal Justice Act 1987

Ratio Decidendi

The Court of Appeal does not have jurisdiction to hear an appeal from a refusal to order disclosure during a preparatory hearing because such a ruling does not fall within the specified purposes of a preparatory hearing under section 7(1) of the Criminal Justice Act 1987, as consistently held in prior authorities.

Court Disposition

Appeal dismissed for want of jurisdiction; leave to appeal granted but appeal dismissed; certificate for a point of law of general public importance to be drafted and considered.

Orders

  • Leave to appeal granted but appeal dismissed for want of jurisdiction.
  • Parties to draft and submit a question for certification as a point of law of general public importance within seven days.