ABANDONMENT OF APPEALS

A man who in 1994 had abandoned his appeal against conviction for belonging to a proscribed organisation and other offences was not entitled to an order that the abandonment be treated as a nullity. The abandonment of his appeal was the result of a deliberate and informed decision, and his mind went with the act of abandonment.

[2017] NICA 47

The court refused an application to treat an abandonment of an appeal against a conviction for murder as a nullity, as the offender had not been relying on incorrect legal advice when he abandoned his appeal.

[2015] EWCA Crim 2333

The Court of Appeal refused an application to treat an abandonment of an appeal against a sentence for murder as a nullity where the offender had not been relying upon incorrect advice when he abandoned his appeal.

[2015] EWCA Crim 1555

Where an offender had appealed against the length of a prison term imposed in respect of an offence of dangerous driving, and had not appealed against the length of his disqualification from driving, the court declined to treat his abandonment of the appeal as a nullity after he claimed not to have understood that the abandonment prevented him from appealing against the disqualification period. The documentation was not consistent with the offender having misunderstood the legal effect of abandonment, but with him simply having decided at a late stage that he would like to appeal against the disqualification period.

[2014] EWCA Crim 1804

The court refused an application to treat an abandonment of an appeal against a conviction for murder as a nullity, as the young offender had not been relying upon incorrect legal advice when he abandoned his appeal.

[2013] EWCA Crim 2388

An offender’s deliberate and informed decision to abandon his appeal against conviction for tactical reasons could not be regarded as a nullity.

[2013] EWCA Crim 2098

Wrong legal advice given to a young offender regarding the potential loss of time served if he renewed an application for permission to appeal against a sentence of four years’ detention for robbery had rendered his abandonment of his appeal a nullity.

[2013] EWCA Crim 1913

An offender who had abandoned his renewed application for permission to appeal against sentence could not rely on his low literacy skills to set aside the abandonment as a nullity. The form setting out the single judge’s reasons for refusing permission had been straightforward and the effect of the form abandoning the appeal had been entirely clear.

[2012] EWCA Crim 3202

A notice of abandonment of appeal would not be nullified where there was no evidence that the appellant had not been making a perfectly rational decision to abandon his appeal.

[2012] EWCA Crim 1769

Those pursuing applications to treat abandonment of appeals as a nullity were to note that they should be supported by sworn declarations or affidavits on the applicant’s behalf.

[2011] EWCA Crim 2998

There had been insufficient evidence before the court to grant an application to withdraw a notice of abandonment of an appeal, and on the facts the application for leave to appeal would have been refused in any event.

[2011] EWCA Crim 2159

The court rejected an application to treat an abandonment of an application for permission to appeal as a nullity. The fact that a new legal team took a different view of the applicant’s chances of successfully appealing did not mean that the applicant had not given his informed consent to abandonment.

[2010] EWCA Crim 3330

The Crown Court had exceeded its jurisdiction by refusing to hear an appeal against conviction on the basis of non-attendance by the appellant where counsel was present, and was obliged in those circumstances to hear any such appeal even where there was a legal duty on the appellant to attend.

[2003] EWHC 73 (Admin)

In the circumstances and given the passage of time, the applicant had failed to establish that his decision to abandon an appeal against conviction was anything other than informed and deliberate.

[2002] EWCA Crim 2661