Rosenthal, R v [2001] EWCA Crim 2717 (4th December, 2001)

Rosenthal, R v [2001] EWCA Crim 2717 (4th December, 2001)

The Court of Appeal has no jurisdiction under section 9(11) of the Criminal Justice Act 1987 to entertain an appeal against preparatory hearing rulings relating to severance, as such applications conceptually precede the preparatory hearing and do not fall within the statutory purposes.

Citation
[2001] EWCA Crim 2717
Parties
Prosecution: R; Applicant: Rosenthal; Co Defendant: Carson; Co Defendant: Sweetbaum
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Preparatory Hearing Rulings
Outcome
application for leave to appeal refused
Legal Topics
Admissibility of Compelled Interview Statements, Fair Trial Rights, Preparatory Hearings, Appellate Jurisdiction
Criminal Law Company Law Admissibility of Compelled Interview Statements Fair Trial Rights Preparatory Hearings Appellate Jurisdiction

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 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

R

Prosecution

Rosenthal

Applicant

Carson

Co Defendant

Sweetbaum

Co Defendant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Preparatory Hearing Rulings

Legal Issues

  1. 1 Whether section 2(8AA) of the Criminal Justice Act 1987 restricts co-defendants from using compelled interview statements in cross-examination
  2. 2 Whether the applicant can receive a fair trial if cross-examined on section 2 interview statements by co-defendants
  3. 3 Whether the Court of Appeal has jurisdiction under section 9(11) of the Criminal Justice Act 1987 to entertain an appeal against preparatory hearing rulings related to severance

Ratio Decidendi

The Court of Appeal has no jurisdiction under section 9(11) of the Criminal Justice Act 1987 to entertain an appeal against preparatory hearing rulings relating to severance, as such applications conceptually precede the preparatory hearing and do not fall within the statutory purposes.

Court Disposition

application for leave to appeal refused