Thompson & Anor, R v

Thompson & Anor, R v

There is no jurisdiction under section 58 of the Criminal Justice Act 2003 to appeal a pre-arraignment dismissal of charges under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998, as such dismissals do not result in acquittal and the only remedy for the prosecution is by voluntary bill of indictment.

Parties
Applicant: Regina; 1st Respondent: Glyn Thompson; 2nd Respondent: Brian Hanson
Jurisdiction
England and Wales
Judgment Date
22 November 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal (jurisdictional Ruling)
Outcome
Application for leave to appeal refused
Legal Topics
Appeals by Prosecution, Jurisdiction, Dismissal of Charges, Voluntary Bill of Indictment
Criminal Law Criminal Procedure Appeals by Prosecution Jurisdiction Dismissal of Charges Voluntary Bill of Indictment

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Parties

Regina

Applicant

Glyn Thompson

1st Respondent

Brian Hanson

2nd Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal (jurisdictional Ruling)

Legal Issues

  1. 1 Whether section 58 of the Criminal Justice Act 2003 confers jurisdiction to appeal a pre-arraignment dismissal of charges under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998

Ratio Decidendi

There is no jurisdiction under section 58 of the Criminal Justice Act 2003 to appeal a pre-arraignment dismissal of charges under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998, as such dismissals do not result in acquittal and the only remedy for the prosecution is by voluntary bill of indictment.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal under section 58 of the Criminal Justice Act 2003 is refused