A judge had erred in making a wasted costs order against a solicitor who had made a request to the court for information raised in her former client’s contempt of court proceedings, on the basis that it might assist in proceedings contemplated by a new client. In making her request, the solicitor was not acting on behalf of a party to criminal proceedings, and such requests could not be regarded as initiating “criminal proceedings”.
The Court of Appeal refused permission to appeal against a refusal of permission to apply for judicial review; by reason of the Senior Courts Act 1981 s.18(1) it had no jurisdiction to entertain the proposed appeal because the decision under challenge was in a criminal cause or matter. The court made general observations with regard to appeals from judgments in criminal causes or matters.
A public prosecutor had the power under Justice Act (Northern Ireland) 2015 s.93(5) to issue a summons to a defendant, provided that a complaint had been laid before the Magistrates court.
A court that had approved a deferred prosecution agreement between the Serious Fraud Office and a company in relation to an overstatement of company profits had no jurisdiction to alter or modify the terms of the agreement in order to reflect the acquittal in parallel criminal proceedings of three of the company’s former employees whose alleged wrongdoing was detailed in the agreement. The court’s role was limited to enforcing the terms of the agreement.
In the context of prosecution appeals against rulings in respect of a trial, the Court of Appeal held that the notification requirements in the Criminal Justice Act 2003 s.58(4) and s.58(8) could be satisfied by email. It also held that the exemption from prosecution for police constables set out in the Dangerous Dogs Act 1991 s.10(3) did not apply unless the constable was using the dog in question in a directed task, or for an identifiable purpose, as part of a policing activity.