JM, R v [2013] NICA 64 (13 November 2013)

The prosecution failed to comply with the immediacy requirement under Article 17(4) of the Criminal Justice (NI) Order 2004, depriving the court of jurisdiction to entertain the appeal.

Citation: [2013] NICA 64
Parties: Prosecution: The Queen; Defendant: J M
Jurisdiction: Northern Ireland
Judgment Date: 13 November 2013
Procedural Posture: Criminal Appeal / Application for Leave to Appeal by Prosecution
Outcome: leave to appeal refused
Legal Topics: Abuse of Process, Prosecution Appeals, Jurisdiction, Immediacy Requirement

Criminal Law Procedural Law Abuse of Process Prosecution Appeals Jurisdiction Immediacy Requirement

Case Brief

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Parties

The Queen

Prosecution

J M

Defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal by Prosecution

Legal Issues

1 Whether the prosecution complied with the immediacy requirement under Article 17(4) of the Criminal Justice (NI) Order 2004 for appealing a ruling
2 Whether failure to comply with the immediacy requirement deprives the court of jurisdiction to entertain the appeal

Ratio Decidendi

The prosecution failed to comply with the immediacy requirement under Article 17(4) of the Criminal Justice (NI) Order 2004, depriving the court of jurisdiction to entertain the appeal.

Court Disposition

leave to appeal refused

Orders

application for leave to appeal refused
no jurisdiction to entertain appeal