R v Saaqib Chawdhury

R v Saaqib Chawdhury

On the facts of this case, the acquittal of Mr Chawdhury on count 2 removed the foundation for a retrial on count 1, as both counts were factually interlinked. Seeking a retrial would be an abuse of process, and the judge was correct to stay proceedings. The prosecution's appeal was within time and jurisdiction, but the appeal fails on its merits.

Parties
Applicant: Rex; Respondent: Saaqib Chawdhury
Jurisdiction
England and Wales
Judgment Date
02 December 2026
Procedural Posture
Criminal Appeal / Prosecution Application for Leave to Appeal Against a Stay of Retrial
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Abuse of Process, Autrefois Acquit, Conspiracy, Firearms Offences, Jurisdiction, Stay of Proceedings
Criminal Law Criminal Procedure Abuse of Process Autrefois Acquit Conspiracy Firearms Offences Jurisdiction Stay of Proceedings

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Parties

Rex

Applicant

Saaqib Chawdhury

Respondent

Procedural Posture

Criminal Appeal / Prosecution Application for Leave to Appeal Against a Stay of Retrial

Legal Issues

  1. 1 Whether a retrial on count 1 after acquittal on count 2 constitutes an abuse of process
  2. 2 Whether the prosecution's appeal was within time and jurisdiction under s.58 Criminal Justice Act 2003

Ratio Decidendi

On the facts of this case, the acquittal of Mr Chawdhury on count 2 removed the foundation for a retrial on count 1, as both counts were factually interlinked. Seeking a retrial would be an abuse of process, and the judge was correct to stay proceedings. The prosecution's appeal was within time and jurisdiction, but the appeal fails on its merits.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • Mr Chawdhury is entitled to be acquitted on count 1
  • Reporting restrictions on proceedings relating to Mr Chawdhury are lifted