JURISDICTION

[2018] EWCA Crim 561 [2018] EWCA Crim 561

An application for a writ of venire de novo could not be brought as a freestanding application. It had to be made in the course of an application for leave to appeal against conviction and was subject to the leave provisions in the Criminal Appeal Act 1968 s.1 and associated time limits.

[2018] EWHC 441 (Admin) [2018] EWHC 441 (Admin)

The court had no jurisdiction to entertain an appeal by a requesting state under the Extradition Act 2003 s.28(5) where an attempt to serve the appeal documents by email within the permitted seven day period had failed. Use of the general power in the Criminal Procedure Rules 2015 r.50.17(6)(a) to extend time would be inconsistent with the clear words of the statute.

[2017] EWHC 3056 (Admin) [2017] EWHC 3056 (Admin)

The court had jurisdiction to make a declaration on a closed material application under the Justice and Security Act 2013 s.6 in judicial review proceedings challenging a decision not to prosecute. Although the case was not an appeal “in” criminal proceedings, since its outcome would not decide criminal liability, the words “criminal cause or matter” in s.6(11) were to be interpreted broadly.

[2017] EWHC 2869 (Admin) [2017] EWHC 2869 (Admin)

Magistrates’ courts did not have a discretion to extend the time to state a case after expiration of the 21 days specified in the Magistrates’ Courts Act 1980 s.111(2).

[2017] EWHC 2828 (Admin) [2017] EWHC 2828 (Admin)

A magistrates’ court had erred in adjourning a trial at the CPS’s request where it did not have sufficient information to consider important factors concerning the merits of granting or refusing an adjournment in accordance with Crown Prosecution Service v Picton [2006] EWHC 1108 (Admin).