The power of the Court of Appeal (Criminal Division) to order a venire de novo did not include a power to declare a summary trial a nullity, or quash a conviction recorded in such proceedings and remit the matter for retrial. Venire de novo was concerned only with trial on indictment, and with fundamental irregularities rendering such a trial a nullity.
ABUSE OF PROCESS
A judge had erred in holding that disciplinary proceedings brought against a police officer were barred on the basis of res judicata. A decision by the Police Appeals Tribunal, allowing the officer’s appeal against his dismissal for gross misconduct without remitting the matter, had not been a final decision on the merits for the purposes of cause of action estoppel.
New proceedings based on fresh evidence, which fundamentally changed the nature of the case, were not an abuse of process because they were not a collateral attack on the earlier proceedings. Accordingly, there had not been an opportunity, let alone a full opportunity, for the claimants to run their case.
Although an English translation of a European arrest warrant lacked the list of specific offences for which the appellant had been convicted, there had been no abuse of process in ordering his extradition as the summary of his offending behaviour had been sufficient. The fact that both warrants wrongly stated that the appellant had been convicted and sentenced in relation to nine, rather than eight offences, did not render the warrant invalid, where the French judicial authority had provided information that stated the correct position.
In considering whether an offence on a European arrest warrant seeking the return of a requested person to Austria met the requirements of dual criminality the court had to look at the alleged conduct rather than at the term used to name the offence. In the instant case the offence of slander equated to the UK offence of perverting the course of public justice.