BJF, R. v [2024] EWCA Crim 1670 (06 August 2024)

BJF, R. v [2024] EWCA Crim 1670 (06 August 2024)

The Court of Appeal has no jurisdiction to hear the prosecution's appeal against the terminating ruling because the prosecution failed to give the acquittal guarantee at or before informing the court of its intention to appeal, as required by s.58(8) Criminal Justice Act 2003. The statutory requirement is strict and was not met by the prosecution's conduct in this case.

Citation
[2024] EWCA Crim 1670
Parties
Applicant: Rex; Respondent: BJF
Jurisdiction
England and Wales
Judgment Date
06 August 2024
Procedural Posture
Criminal Appeal (prosecution Application for Leave to Appeal Against Terminating Ruling) / Application for Leave to Appeal Against Terminating Ruling Under S.58 Criminal Justice Act 2003
Outcome
Application for leave to appeal refused for want of jurisdiction.
Legal Topics
Abuse of Process, Jurisdiction of Court of Appeal, Prosecution Right of Appeal, Acquittal Guarantee, Case Management Directions
Criminal Law Criminal Procedure Abuse of Process Jurisdiction of Court of Appeal Prosecution Right of Appeal Acquittal Guarantee Case Management Directions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Rex

Applicant

BJF

Respondent

Procedural Posture

Criminal Appeal (prosecution Application for Leave to Appeal Against Terminating Ruling) / Application for Leave to Appeal Against Terminating Ruling Under S.58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear the prosecution's appeal against a terminating ruling where the acquittal guarantee under s.58(8) Criminal Justice Act 2003 was not given at the required time
  2. 2 Whether procedural errors in giving notice of appeal and acquittal guarantee deprive the Court of jurisdiction
  3. 3 Whether the judge's decision to stay proceedings for abuse of process was justified

Ratio Decidendi

The Court of Appeal has no jurisdiction to hear the prosecution's appeal against the terminating ruling because the prosecution failed to give the acquittal guarantee at or before informing the court of its intention to appeal, as required by s.58(8) Criminal Justice Act 2003. The statutory requirement is strict and was not met by the prosecution's conduct in this case.

Court Disposition

Application for leave to appeal refused for want of jurisdiction.

Orders

  • Leave to appeal refused.
  • No jurisdiction to hear the appeal due to non-compliance with s.58(8) Criminal Justice Act 2003.