NT, R v [2010] EWCA Crim 711 (31 March 2010)

NT, R v [2010] EWCA Crim 711 (31 March 2010)

Failure by the prosecution to comply with the mandatory requirement of section 58(8) of the Criminal Justice Act 2003, to give the acquittal agreement at or before the time of announcing intention to appeal, deprives the court of jurisdiction to hear the appeal against a terminating ruling.

Citation
[2010] EWCA Crim 711
Parties
Prosecution: R; Respondent: NT
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Criminal Appeal / Prosecution Appeal Against Terminating Ruling (abuse of Process Stay)
Outcome
appeal dismissed for want of jurisdiction
Legal Topics
Prosecution Appeals, Terminating Rulings, Abuse of Process, Jurisdiction, Statutory Interpretation
Criminal Law Criminal Procedure Prosecution Appeals Terminating Rulings Abuse of Process Jurisdiction Statutory Interpretation

Case Brief

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Parties

R

Prosecution

NT

Respondent

Procedural Posture

Criminal Appeal / Prosecution Appeal Against Terminating Ruling (abuse of Process Stay)

Legal Issues

  1. 1 Whether failure by the prosecution to comply with section 58(8) of the Criminal Justice Act 2003 deprives the court of jurisdiction to hear the appeal against a terminating ruling

Ratio Decidendi

Failure by the prosecution to comply with the mandatory requirement of section 58(8) of the Criminal Justice Act 2003, to give the acquittal agreement at or before the time of announcing intention to appeal, deprives the court of jurisdiction to hear the appeal against a terminating ruling.

Court Disposition

appeal dismissed for want of jurisdiction

Orders

  • Appeal dismissed.