M (1) , R v [2007] EWCA Crim 970 (27 April 2007)

M (1) , R v [2007] EWCA Crim 970 (27 April 2007)

The Recorder was entitled and correct to vary the ruling resulting from the first appeal and follow the decision in Rowe, as the interests of justice required the law as clarified in Rowe to govern the trial; the Crown Court is not bound to follow a previous Court of Appeal decision that has been declared per incuriam by a subsequent Court of Appeal decision.

Citation
[2007] EWCA Crim 970
Parties
Prosecution: R; Appellant: M; Appellant: Z; Appellant: I; Appellant: R; Appellant: B
Jurisdiction
England and Wales
Judgment Date
27 April 2007
Procedural Posture
Criminal Appeal / Appeal Against Preparatory Hearing Ruling
Outcome
appeal dismissed
Legal Topics
Interpretation of Terrorism Act 2000 Section 57 and 58, Precedent and Binding Authority, Variation of Preparatory Hearing Rulings
Criminal Law Counter Terrorism Interpretation of Terrorism Act 2000 Section 57 and 58 Precedent and Binding Authority Variation of Preparatory Hearing Rulings

Case Brief

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Parties

R

Prosecution

M

Appellant

Z

Appellant

I

Appellant

R

Appellant

B

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether electronically stored data constitutes an 'article' under section 57 of the Terrorism Act 2000
  2. 2 Whether the Crown Court is bound by a previous Court of Appeal decision when a subsequent Court of Appeal decision declares it per incuriam
  3. 3 Whether the interests of justice require variation of a preparatory hearing ruling in light of new appellate authority

Ratio Decidendi

The Recorder was entitled and correct to vary the ruling resulting from the first appeal and follow the decision in Rowe, as the interests of justice required the law as clarified in Rowe to govern the trial; the Crown Court is not bound to follow a previous Court of Appeal decision that has been declared per incuriam by a subsequent Court of Appeal decision.

Court Disposition

appeal dismissed

Orders

  • Recorder's decision to vary the preparatory hearing ruling upheld
  • Prosecution permitted to proceed with section 57 counts