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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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