Pipe, R. v [2022] EWCA Crim 1584 (01 November 2022)

Pipe, R. v [2022] EWCA Crim 1584 (01 November 2022)

Leave to appeal is granted on all grounds as the issues raised are arguable and the background is complex, warranting full consideration by the court with the benefit of detailed submissions from both parties.

Citation
[2022] EWCA Crim 1584
Parties
Respondent: Rex; Applicant: Nigel Pipe (deceased)
Jurisdiction
England and Wales
Judgment Date
01 November 2022
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction; Application for Representation Order
Outcome
Leave to appeal granted on all grounds; representation order granted; time estimate for hearing set at one day.
Legal Topics
Abuse of Process, Fair Trial, Historic Sexual Offences, Appeal Procedure
Criminal Law Abuse of Process Fair Trial Historic Sexual Offences Appeal Procedure

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Parties

Rex

Respondent

Nigel Pipe (deceased)

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction; Application for Representation Order

Legal Issues

  1. 1 Whether the trial judge erred in the timing and determination of the abuse of process application
  2. 2 Whether the absence of documentation or witness evidence from earlier investigations rendered the trial unfair
  3. 3 Whether the applicant received a fair trial given the historic nature of the allegations

Ratio Decidendi

Leave to appeal is granted on all grounds as the issues raised are arguable and the background is complex, warranting full consideration by the court with the benefit of detailed submissions from both parties.

Court Disposition

Leave to appeal granted on all grounds; representation order granted; time estimate for hearing set at one day.

Orders

  • Leave to appeal against conviction granted on all grounds.
  • Representation order granted for Mr Barlow for today and for the appeal hearing.