Practice and Procedure

R v M (2012)

PUBLISHED April 26, 2012

[2012] EWCA Crim 792

In order for the Crown to appeal a terminating ruling made under the Criminal Justice Act 2003 s.58, the conditions precedent, under s.58(4) and s.58(8), had to be complied with whereby the Crown had to inform the judge immediately after the ruling of its intention to appeal and had to notify the judge of its acquittal agreement. For the purpose of the Criminal Procedure Rules 2005 r.67.2(1)(a) "immediately after the ruling" meant "there and then".

CA (Crim Div) (Rix LJ, Treacy J, Sir Geoffrey Grigson)