AYP, R. v [2024] EWCA Crim 952 (23 May 2024)

AYP, R. v [2024] EWCA Crim 952 (23 May 2024)

The judge's order to leave the indictment on the file was wrong in law and unreasonable because it usurped the prosecutorial discretion of the CPS, whose independence must be respected. The procedural requirements for a prosecution appeal under section 58 and rule 38.2 were satisfied in the circumstances, as the prosecution's indication of intention to appeal was made promptly given the practicalities of the hearing.

Citation
[2024] EWCA Crim 952
Parties
Applicant: Rex (Crown); Respondent: AYP
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Criminal Appeal / Appeal Against Order to Leave Indictment on File
Outcome
Appeal allowed; judge's order reversed; proceedings to continue.
Legal Topics
Prosecution Appeals, Judicial Discretion, Reporting Restrictions, Abuse of Process, Case Management
Criminal Law Criminal Procedure Prosecution Appeals Judicial Discretion Reporting Restrictions Abuse of Process Case Management

Case Brief

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Parties

Rex (Crown)

Applicant

AYP

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Order to Leave Indictment on File

Legal Issues

  1. 1 Whether the prosecution can appeal an order to leave an indictment on the file under section 58 of the Criminal Justice Act 2003
  2. 2 Whether procedural requirements for prosecution appeal were met
  3. 3 Whether the judge's decision to order the indictment to lie on the file was wrong in law or unreasonable

Ratio Decidendi

The judge's order to leave the indictment on the file was wrong in law and unreasonable because it usurped the prosecutorial discretion of the CPS, whose independence must be respected. The procedural requirements for a prosecution appeal under section 58 and rule 38.2 were satisfied in the circumstances, as the prosecution's indication of intention to appeal was made promptly given the practicalities of the hearing.

Court Disposition

Appeal allowed; judge's order reversed; proceedings to continue.

Orders

  • The judge's decision ordering the indictment to lie on the file is reversed.
  • The proceedings are to be resumed in the Crown Court at a venue and before a judge to be determined by the Presiding Judges of the Western Circuit.