R (Gillan) v DPP [2007] EWHC 380, [2007] All ER (D) 185 (Feb)
(a) applications for judicial review of interlocutory rulings by crown court judges where the decision is not one involving trial on indictment should be relatively rare and exceptional;
(b) a crown court judge has jurisdiction to allow a fresh Newton hearing to take place (even though one took place in the magistrates’ court before the defendant was committed for sentence) if satisfied that it is in the interests of fairness and justice to do so.
However, the judge should not ordinarily allow a defendant to re-open findings of fact determined by a magistrates’ court unless the defendant can point to some significant development or matter, such as important further evidence discovered since the magistrates’ court reached its conclusion on the facts.
