Practice and Procedure

PROSECUTION RIGHT OF APPEAL (NO.19 OF 2007) sub nom R v B (2007)

PUBLISHED November 2, 2007

[2007] EWCA Crim 2970

The Court of Appeal did not have the jurisdiction to grant leave to appeal under the Criminal Justice Act 2003 s.58 where the proceedings concerned had been instigated prior to the coming into force of that section, despite the ordering of a re-trial and fresh indictment, since the Criminal Appeal Act 1968 s.7 made clear that they remained the same proceedings and the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 Sch.2 para.3 did not confer any additional rights of appeal on the prosecution.

CA (Crim Div) (Tuckey LJ, Aikens J, Foskett J)