Source: All England Reporter
Publisher Citation: [2009] All ER (D) 162 (Jan)
Court: Court of Appeal, Criminal Division

Lord Judge CJ, Pitchford and Roderick Evans JJ (Judgment delivered extempore)

Representation 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.
Judgment Dates: 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

The Case

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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