N Ltd & Anor, R. v

N Ltd & Anor, R. v

The trial judge had no jurisdiction to entertain a submission of no case to answer or to direct verdicts of 'not guilty' before any evidence was called and before the close of the Crown's case, except on agreed or admitted facts with the consent of all parties. The judge's ruling and directed acquittals were therefore made without jurisdiction and must be set aside.

Parties
Appellant: The Queen; Respondent/defendant: N Ltd; Respondent/defendant: C Ltd
Jurisdiction
England and Wales
Judgment Date
10 June 2008
Procedural Posture
Criminal Appeal / Interlocutory Appeal From Crown Court Ruling Prior to Trial
Outcome
appeal allowed
Legal Topics
Submission of No Case to Answer, Trial Procedure, Jurisdiction of Trial Judge, Health and Safety at Work Act Offences
Criminal Law Health and Safety Law Submission of No Case to Answer Trial Procedure Jurisdiction of Trial Judge Health and Safety at Work Act Offences

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Parties

The Queen

Appellant

N Ltd

Respondent/defendant

C Ltd

Respondent/defendant

Procedural Posture

Criminal Appeal / Interlocutory Appeal From Crown Court Ruling Prior to Trial

Legal Issues

  1. 1 Whether a trial judge has jurisdiction to entertain a submission of no case to answer and direct acquittal before any evidence is called and before the close of the Crown's case, absent agreed facts or consent of all parties.

Ratio Decidendi

The trial judge had no jurisdiction to entertain a submission of no case to answer or to direct verdicts of 'not guilty' before any evidence was called and before the close of the Crown's case, except on agreed or admitted facts with the consent of all parties. The judge's ruling and directed acquittals were therefore made without jurisdiction and must be set aside.

Court Disposition

appeal allowed

Orders

  • Leave to appeal granted.
  • Crown's appeal allowed on the jurisdictional ground.