T, R. v [2009] EWCA Crim 1947 (23 September 2009)

T, R. v [2009] EWCA Crim 1947 (23 September 2009)

No final ratio decidendi as the matter was adjourned for further argument; preliminary view is that failure to comply with section 58(8) deprives the court of jurisdiction to hear the appeal.

Source-derived case information.

Citation
[2009] EWCA Crim 1947
Parties
Appellant: Regina; Respondent: T
Jurisdiction
England and Wales
Judgment Date
23 September 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal; Adjourned for Further Argument
Outcome
adjourned
Legal Topics
Abuse of Process, Jurisdiction, Appeals by Prosecution, Criminal Justice Act 2003 Section 58
Criminal Law Criminal Procedure Abuse of Process Jurisdiction Appeals by Prosecution Criminal Justice Act 2003 Section 58

Source-derived case record

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Parties

Regina

Appellant

T

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal; Adjourned for Further Argument

Legal Issues

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

Ratio Decidendi

No final ratio decidendi as the matter was adjourned for further argument; preliminary view is that failure to comply with section 58(8) deprives the court of jurisdiction to hear the appeal.

Court Disposition

adjourned

Orders

  • Application adjourned for further argument.
  • Both parties to submit full skeleton arguments with authorities and academic commentary within 28 days.