Welsh (Snr) & 17 Ors, R v (Rev 1)

Welsh (Snr) & 17 Ors, R v (Rev 1)

Consent of the Attorney General must be obtained prior to sending for trial under s51 Crime and Disorder Act 1998; applications for extension of time fail as no substantial injustice is demonstrated and there is no change in law, only improved understanding.

Parties
Appellant: Regina; Respondents: Welsh (Snr) and 17 Others
Jurisdiction
England and Wales
Judgment Date
15 September 2015
Procedural Posture
Criminal Appeal / Application for Extension of Time for Leave to Appeal Against Conviction
Outcome
applications for extension of time refused
Legal Topics
Consent to Prosecute, Extension of Time, Nullity of Proceedings, Change of Law, Substantial Injustice
Criminal Law Procedure Consent to Prosecute Extension of Time Nullity of Proceedings Change of Law Substantial Injustice

Case Brief

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Parties

Regina

Appellant

Welsh (Snr) and 17 Others

Respondents

Procedural Posture

Criminal Appeal / Application for Extension of Time for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether proceedings instituted without Attorney General's consent are nullities under ss1A and 4 Criminal Law Act 1977
  2. 2 Whether extensions of time for leave to appeal should be granted given late applications
  3. 3 Whether a change in CPS guidance constitutes a change in law or improved understanding

Ratio Decidendi

Consent of the Attorney General must be obtained prior to sending for trial under s51 Crime and Disorder Act 1998; applications for extension of time fail as no substantial injustice is demonstrated and there is no change in law, only improved understanding.

Court Disposition

applications for extension of time refused

Orders

  • applications for extension of time to appeal against conviction are rejected
  • case of S adjourned for further submissions as consent was never obtained