||All England Reporter
|| All ER (D) 162 (Jan)
||Court of Appeal, Criminal Division
Lord Judge CJ, Pitchford and Roderick Evans JJ (Judgment delivered extempore)
||Alisdair Smith and Simon Smith (assigned by the Registrar of Criminal Appeals) for the defendants
||Thomas Wilkins (instructed by the Crown Prosecution Service) for the Crown.
||20 January 2009
Criminal law - Appeal - Prosecution appeal - Prosecution applying to vacate fixed trial date on account of unavailability of witnesses - Judge refusing application - Prosecution applying for leave to appeal - Whether judge's ruling unreasonable - s 58
Criminal law Appeal . Court of Appeal, Criminal Division: an application by the prosecution, pursuant to s58 of the for leave to appeal against a terminating ruling, namely a judge's refusal to vacate a fixed trial date on account of unavailability of witnesses, was refused. The judge had been entirely justified on the facts in not breaking the fixture.
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