R v Y [2008] EWCA Crim 10, [2008] All ER (D) 199 (Jan)
The court had to consider whether or not an interlocutory appeal under the Criminal Justice Act 2003, s 58 could be brought where the ruling was as to admissibility of evidence.
HELD Under s 58(8), the Crown is bound to accept that, if an interlocutory appeal under s 58 fails, the defendant must be acquitted. There is no reason why a single ruling should not qualify both as an s 58 ruling in relation to a count on the indictment—assuming the Crown to agree to acquittal if the appeal fails—and also as an evidentiary ruling under s 62 (not yet in force).
Many rulings made by trial judges can properly be described both as relating to counts on the indictment and as being evidentiary; the difference between the two types of interlocutory appeal lies in the s 58(8) condition. Where the judge first excludes evidence which the Crown wants admitted and then, because of its absence, finds that there is no case to answer, the Crown can (provided it complies with s 58(8)) challenge
