Practice and Procedure

R v AT (2013)

PUBLISHED October 25, 2013

[2013] EWCA Crim 1850

The court declined to re-open a Court of Appeal decision that a judge had erred in granting, pre-trial, a stay of criminal proceedings relating to historic sexual abuse charges. The defendant had not appealed against the decision but sought to challenge it on the basis that it had been overtaken by subsequent authority. The court had difficulty in accepting that such a challenge could properly be brought, and did not wish to encourage similar challenges in comparable situations.

CA (Crim Div) (Davis LJ, Saunders J, Judge Rook QC)