[2010] EWCA Crim 711 [2010] EWCA Crim 711

The provisions of the Criminal Justice Act 2003 s.58 were mandatory and the prosecution’s failure to give the undertaking required by s.58(8) at the relevant time meant that it lost its right to appeal under the section.

[2008] EWCA Crim 1034 [2008] EWCA Crim 1034

The right of appeal under the Courts-Martial (Prosecution Appeals) Order 2006 art.4 against an interlocutory ruling was conditional on the Crown providing in open court at the time of invocation of the right of appeal the undertaking required by art.4(8), namely that it agreed that the defendant should be acquitted if it failed to obtain leave to appeal or if the appeal was abandoned.