Source: All England Reporter
Publisher Citation: [2005] All ER (D) 186 (Nov)
Court: Queen's Bench Division (Divisional Court)

Gage LJ and Openshaw j

Representation Martin McCarthy (instructed by Henry Lee Smith, Bedford) for the defendant.
  Patrick Fields (solicitor advocate) (instructed by the Crown Prosecution Service Hertfordshire Branch) for the prosecution.
Judgment Dates: 15 November 2005


Crown Court - Supervisory jurisdiction of High Court - Trial on indictment - High Court having no supervisory jurisdiction in matters relating to trial on indictment - Crown Court failing to comply with statutory procedure where indictment not containing indictable only offences - Whether High Court having jurisdiction to hear appeal by way of case stated - Whether matter 'relating to trial on indictment' - , s 28(3)(1)(a) - , Sch 3, para 7.

The Case

A challenge to a decision as to whether there had been a procedural irregularity in not following the statutory procedure in accordance with para7 of Sch3 to the 1998 Act was clearly a matter relating to trial on indictment so that in accordance with s28(2)(a) of the 1981 Act there was no jurisdiction in the High Court to hear the appeal.

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