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12 June 2008
Issue: 7325 / Categories: Case law , Public , Law digest
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CRIMINAL LITIGATION

R v A [2008] EWCA Crim 1034, [2008] All ER (D) 222 (May)

The scheme for prosecution appeals under s 58 of the Criminal Justice Act 2003 is that proceedings in the court below stand adjourned pending the hearing of the appeal, and the ruling is to have no effect pending the outcome of the appeal.

It follows that where a defendant has been acquitted following a ruling of the judge, the prosecution cannot seek to appeal against that ruling. The prosecutor could have given notice that he intended to appeal the ruling, and if he had, that ruling would then have been of no effect pending appeal. Prosecutors who wish to launch appeals against rulings must give the s 58(8) undertaking in open court at the time of invoking the right of appeal.

Issue: 7325 / Categories: Case law , Public , Law digest
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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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