Practice and Procedure

SMITH v CROWN PROSECUTION SERVICE (2005)

PUBLISHED November 15, 2005
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A decision that a failure to follow the mode of trial procedure contained in the Crime and Disorder Act 1998 could be cured by reverting to the mode of trial procedure fifteen days after a defendant was arraigned on indictment was a decision that related to a trial on indictment within the meaning of the Supreme Court Act 1981 s.28(2)(a), and as such the Divisional Court had no jurisdiction to decide an appeal of the decision.

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