[2009] EWCA Crim 1639

A trial judge's ruling that the Financial Services Authority (FSA) had applied improper coercion and persuasion and thereby distorted the fairness of a criminal prosecution amounted to an error of law; it did not constitute an abuse of process for the FSA to conduct an investigation when there was a potential or pending prosecution, provided that it was mindful of the requirements of a fair criminal trial. Applications for leave to appeal against a terminating ruling should normally be made to the trial judge who made it, although there was no absolute requirement in that regard.

CA (Crim Div) (Pill LJ, Burnett J, Sir Robert Nelson)

29/07/2009