Source: All England Reporter
Publisher Citation: [2002] All ER (D) 182 (Nov)
Court: Court of Appeal, Criminal Division

Rix LJ, The Recorder of Bristol and Sir Ian Kennedy

Representation Peter Kelson QC, David Thomas, Alexander Dos Santos and Katherine Pattison (instructed by Attridges) for the defendant.
  David Perry and David Matthew (instructed by Crown Prosecution Service) for the DPP.
Judgment Dates: 13 November 2002


Criminal evidence and procedure - Appeal - Procedure - Leave to appeal - Application.

The Case

In respect of s34 of the it was the clear intention of Parliament that a defendant, successful in the Court of Appeal, should be entitled to know definitely, at the expiry of the period therein specified, whether the decision in his favour was to be challenged or not. The authorities also clearly indicated that once an application for leave to appeal to the House of Lords had been made and disposed of, no new application could subsequently be made.

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