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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