T, R. v

T, R. v

On the material presented, the court would conclude it has no jurisdiction to hear the appeal due to non-compliance with section 58(8), but declines to reach a final decision pending further argument and authorities.

Parties
Applicant: 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
Application adjourned for further argument; no final determination made.
Legal Topics
Abuse of Process, Fair Trial, Jurisdiction, Appeal Procedure
Criminal Law Criminal Procedure Abuse of Process Fair Trial Jurisdiction Appeal Procedure

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Parties

Regina

Applicant

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
  2. 2 Proper interpretation of section 58(8) and its relationship with section 58(4)

Ratio Decidendi

On the material presented, the court would conclude it has no jurisdiction to hear the appeal due to non-compliance with section 58(8), but declines to reach a final decision pending further argument and authorities.

Court Disposition

Application adjourned for further argument; no final determination made.

Orders

  • Both parties to submit full skeleton arguments with authorities and academic commentary within 28 days.
  • Matter adjourned to a date to be fixed.