Jones, R v

The court certified that a point of law of general public importance was involved regarding the abuse of process in prosecuting indecent assault where prosecution for the underlying conduct is barred, but refused leave to appeal to the House of Lords.

Parties: Respondent: Regina; Appellant: Michael Jones
Jurisdiction: England and Wales
Judgment Date: 16 January 2003
Procedural Posture: Criminal Appeal / Application for Certification and Leave to Appeal to House of Lords
Outcome: Point of law certified; leave to appeal refused; representation order granted for further application.
Legal Topics: Abuse of Process, Indecent Assault, Sexual Offences, Leave to Appeal

Criminal Law Abuse of Process Indecent Assault Sexual Offences Leave to Appeal

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Parties

Regina

Respondent

Michael Jones

Appellant

Procedural Posture

Criminal Appeal / Application for Certification and Leave to Appeal to House of Lords

Legal Issues

1 Whether it is an abuse of process for the Crown to prosecute a charge of indecent assault under Section 14(1) of the Sexual Offences Act 1956 in circumstances where the conduct upon which that charge is based is an act of unlawful sexual intercourse with a girl under the age of 16 or an attempt thereat in respect of which no prosecution may be commenced under Section 6(1) of the Sexual Offences Act 1956 by virtue of Section 37(2) and paragraphs 10(a) and (b) of the Second Schedule to the Sexual Offences Act 1956.

Ratio Decidendi

Court Disposition

Point of law certified; leave to appeal refused; representation order granted for further application.

Orders

Certification of point of law of general public importance granted.
Leave to appeal to House of Lords refused.