Practice and Procedure

THOMAS HUNTER (Appellant) v NEWCASTLE CROWN COURT (Respondent) & CROWN PROSECUTION SERVICE (Interested Party) (2013)

PUBLISHED January 29, 2013

[2013] EWHC 191 (Admin)

The Divisional Court did not have jurisdiction to review a Crown Court's refusal of a defendant's application under the Prosecution of Offences Act 1985 s.16 for his defence costs to be paid out of central funds. The refusal of the application was so intimately bound up in the trial process that it had to be treated as a decision relating to trial on indictment, and accordingly the Divisional Court had no power to review it pursuant to the Senior Courts Act 1981 s.28(3).

DC (Leveson LJ, Nicol J, Judge Stokes QC)