M (1) , R v

M (1) , R v

The Recorder was entitled and required to vary the ruling resulting from the first appeal in light of the subsequent binding decision in Rowe, which found the first appeal was decided per incuriam and clarified the correct interpretation of section 57 of the Terrorism Act 2000. The interests of justice required the ruling to reflect the current law as established in Rowe.

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, Binding Precedent, Per Incuriam Decisions, Preparatory Hearings
Criminal Law Terrorism Law Interpretation of Terrorism Act 2000 Section 57 and 58 Binding Precedent Per Incuriam Decisions Preparatory Hearings

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 information is 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 found per incuriam in a subsequent decision
  3. 3 Whether the interests of justice require variation or discharge of a preparatory hearing ruling

Ratio Decidendi

The Recorder was entitled and required to vary the ruling resulting from the first appeal in light of the subsequent binding decision in Rowe, which found the first appeal was decided per incuriam and clarified the correct interpretation of section 57 of the Terrorism Act 2000. The interests of justice required the ruling to reflect the current law as established in Rowe.

Court Disposition

appeal dismissed

Orders

  • The Recorder's decision to vary the preparatory hearing ruling is upheld.
  • The prosecution may proceed with the section 57 counts.