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15 February 2008
Issue: 7308 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R v Y [2008] EWCA Crim 10, [2008] All ER (D) 199 (Jan)

The court had to consider whether or not an interlocutory appeal under the Criminal Justice Act 2003, s 58 could be brought where the ruling was as to admissibility of evidence.

HELD Under s 58(8), the Crown is bound to accept that, if an interlocutory appeal under s 58 fails, the defendant must be acquitted. There is no reason why a single ruling should not qualify both as an s 58 ruling in relation to a count on the indictment—assuming the Crown to agree to acquittal if the appeal fails—and also as an evidentiary ruling under s 62 (not yet in force).

Many rulings made by trial judges can properly be described both as relating to counts on the indictment and as being evidentiary; the difference between the two types of interlocutory appeal lies in the s 58(8) condition. Where the judge first excludes evidence which the Crown wants admitted and then, because of its absence, finds that there is no case to answer,

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

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Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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