X, R. v

X, R. v

The Crown Court has jurisdiction to hear bail applications after the Court of Appeal orders a retrial, regardless of whether a new indictment has been served, unless the Court of Appeal expressly retains jurisdiction over bail.

Parties
Appellant: X; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
28 September 2010
Procedural Posture
Criminal Appeal / Post Conviction, Retrial Ordered, Bail Application
Outcome
Crown Court has jurisdiction to hear bail application; application to be made to Crown Court.
Legal Topics
Bail, Jurisdiction, Retrial
Criminal Law Procedure Bail Jurisdiction Retrial

Case Brief

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Parties

X

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Post Conviction, Retrial Ordered, Bail Application

Legal Issues

  1. 1 Which court has jurisdiction to hear bail applications after the Court of Appeal orders a retrial?
  2. 2 Is the service of a new indictment a prerequisite for Crown Court jurisdiction over bail?

Ratio Decidendi

The Crown Court has jurisdiction to hear bail applications after the Court of Appeal orders a retrial, regardless of whether a new indictment has been served, unless the Court of Appeal expressly retains jurisdiction over bail.

Court Disposition

Crown Court has jurisdiction to hear bail application; application to be made to Crown Court.

Orders

  • Application for bail must be made to the Crown Court.
  • Court of Appeal does not retain jurisdiction over bail unless expressly stated.