Director of Public Prosecutions v Harris [2007] NICA 51 (18 December 2007)

Director of Public Prosecutions v Harris [2007] NICA 51 (18 December 2007)

Failure to serve a copy of the application for a case stated on the respondent within the statutory time limit deprives the court of jurisdiction to hear the appeal; no convention rights arise to justify departure from binding precedent.

Citation
[2007] NICA 51
Parties
Complainant/appellant: Director of Public Prosecutions; Defendant/respondent: Stephen Harris
Jurisdiction
Northern Ireland
Judgment Date
18 December 2007
Procedural Posture
Appeal by Way of Case Stated / Application for Order Directing Magistrate to State a Case
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
Appeal Procedure, Time Limits, Jurisdiction, Human Rights
Criminal Law Procedural Law Appeal Procedure Time Limits Jurisdiction Human Rights

Case Brief

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Parties

Director of Public Prosecutions

Complainant/appellant

Stephen Harris

Defendant/respondent

Procedural Posture

Appeal by Way of Case Stated / Application for Order Directing Magistrate to State a Case

Legal Issues

  1. 1 Whether failure to serve requisition within statutory time limit deprives court of jurisdiction to hear appeal
  2. 2 Whether positive obligations under Article 8 ECHR require discretion to permit appeal outside statutory time limit

Ratio Decidendi

Failure to serve a copy of the application for a case stated on the respondent within the statutory time limit deprives the court of jurisdiction to hear the appeal; no convention rights arise to justify departure from binding precedent.

Court Disposition

Appeal dismissed for want of jurisdiction

Orders

  • No adjudication on merits due to lack of jurisdiction