Practice and Procedure

R v P & ORS (2004)

PUBLISHED February 25, 2004

[2004] EWCA Crim 782

Leave to appeal an order made under Criminal Justice Act 1987 s.9(5) requiring the defendants to fully respond to the prosecution case statement would be granted as the ruling raised a question of law manifestly related to the case. The order would be quashed as, in the form the prosecution case statement was put, it was not a valid notice under s.9(4)(c) of the Act and It was apparent it was not just the factual basis the defendants were invited to admit but was a statement of the prosecution's case.

CA (Crim Div) (Kay LJ, Douglas Brown J)