Caroline Bray and Andrew Howarth for the respondents successfully argued that the applicant should not be granted an extension of time to serve the Appeal Notice where it was over 8 working days late and no good reason was given for the failure to serve the notice in time. The application was refused and the respondents were acquitted of the offences which had been the subject of the terminatory ruling.
“The right of the prosecution to appeal a ruling by a trial judge is an incursion into the finality of the trial process in the Crown Court”. The CPR “requires expedition on the part of the prosecution so that all parties, in particular but not
exclusively the defendants, know where they stand.”
Read the judgment by clicking here.
Further information
For more information from the crime team, contact clerks@36crime.co.uk
Involving Caroline Bray and Andrew Howarth