Three Raymond Buildings
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PRACTICE NOTES
Prosecutor’s appeal against adverse rulings
This Practice Note addresses the prosecution’s entitlement, under Part 9 of the Criminal Justice Act 2003 (CJA 2003), to challenge unfavourable rulings made by the Crown Court in trials on indictment.
By virtue of CJA 2003, ss 57–74 (Part 9), the prosecution may appeal an adverse ruling of a Crown Court judge relating to a trial on indictment. The appeal is to the Court of Appeal and may proceed only with leave from the trial judge or the Court of Appeal.
Such appeals fall into two principal categories:
the general right to appeal a Crown Court ruling, and
the right to appeal evidential rulings that materially weaken the prosecution case—the relevant provisions are not yet in force
This Practice Note concerns only the first category of appeal.
The prosecution has no right to appeal a defendant’s acquittal in the Crown
Corporate Crime
PRACTICE NOTES
What amounts to the conclusion of criminal proceedings?
Most criminal matters conclude either with an acquittal after trial, or with conviction and sentence following a trial or a guilty plea. There are, however, several other ways proceedings can end. They sit in the following categories:
Without charge, at the end of a criminal investigation
a no further action decision
an alternative out-of-court disposal, for example a simple or conditional caution
Without a verdict, after proceedings have begun
discontinuance of proceedings by the DPP (magistrates’ court and Crown Court) or by another public prosecutor (Crown Court) — available before a summary trial begins (magistrates’ court), or before the indictment is preferred (Crown Court)
withdrawal of a charge or summons by the prosecution (magistrates’ court only) — available any time before adjudication with the court’s leave
dismissal of the
Corporate Crime
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