R v AWY

R v AWY

The prosecution failed to give the required acquittal undertaking at or before the time it informed the Crown Court of its intention to appeal, as mandated by section 58(8) of the Criminal Justice Act 2003. Consequently, the Court of Appeal lacks jurisdiction to entertain the appeal.

Parties
Applicant: Rex; Respondent: AWY
Jurisdiction
England and Wales
Judgment Date
07 September 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Evidential Ruling
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
Prosecution Appeals, Evidential Rulings, Reporting Restrictions, Sexual Offences, Hearsay Evidence
Criminal Law Prosecution Appeals Evidential Rulings Reporting Restrictions Sexual Offences Hearsay Evidence

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Parties

Rex

Applicant

AWY

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Evidential Ruling

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain the prosecution's appeal under section 58 of the Criminal Justice Act 2003 given procedural compliance requirements
  2. 2 Whether reporting restrictions under section 71 of the Criminal Justice Act 2003 and the Sexual Offences (Amendment) Act 1992 apply to the judgment

Ratio Decidendi

The prosecution failed to give the required acquittal undertaking at or before the time it informed the Crown Court of its intention to appeal, as mandated by section 58(8) of the Criminal Justice Act 2003. Consequently, the Court of Appeal lacks jurisdiction to entertain the appeal.

Court Disposition

Appeal dismissed for want of jurisdiction

Orders

  • Case returns to Crown Court for further proceedings
  • Next hearing suggested within 28 days before acting resident judge at Inner London Crown Court