Miah, R. v [2023] EWCA Crim 928 (18 July 2023)

Miah, R. v [2023] EWCA Crim 928 (18 July 2023)

The Court of Appeal has no jurisdiction to hear an interlocutory appeal against a ruling on admissibility of evidence unless the ruling was made at a formally ordered and announced preparatory hearing. In this case, the only preparatory hearing was on 22 December 2022, which concluded that day. The hearing on 28 April 2023 was not a preparatory hearing, so the appeal must be dismissed for want of jurisdiction.

Citation
[2023] EWCA Crim 928
Parties
Respondent: Rex; Applicant: Kawsor Miah
Jurisdiction
England and Wales
Judgment Date
18 July 2023
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Evidentiary Ruling Prior to Trial
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
Preparatory Hearings, Jurisdiction of Court of Appeal, Admissibility of Evidence, Reporting Restrictions
Criminal Law Terrorism Law Criminal Procedure Preparatory Hearings Jurisdiction of Court of Appeal Admissibility of Evidence Reporting Restrictions

Case Brief

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Parties

Rex

Respondent

Kawsor Miah

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Evidentiary Ruling Prior to Trial

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an interlocutory appeal against a ruling on admissibility of evidence not made at a preparatory hearing
  2. 2 Whether the hearing on 28 April 2023 was a preparatory hearing under the Criminal Procedure and Investigations Act 1996

Ratio Decidendi

The Court of Appeal has no jurisdiction to hear an interlocutory appeal against a ruling on admissibility of evidence unless the ruling was made at a formally ordered and announced preparatory hearing. In this case, the only preparatory hearing was on 22 December 2022, which concluded that day. The hearing on 28 April 2023 was not a preparatory hearing, so the appeal must be dismissed for want of jurisdiction.

Court Disposition

Appeal dismissed for want of jurisdiction

Orders

  • Application for leave to appeal dismissed
  • No reporting restrictions apply to this judgment or the applicant's name