header-logo header-logo

Criminal Litigation

20 April 2007
Issue: 7269 / Categories: Case law , Law digest
printer mail-detail

R (Gillan) v DPP [2007] EWHC 380, [2007] All ER (D) 185 (Feb)

(a) applications for judicial review of interlocutory rulings by crown court judges where the decision is not one involving trial on indictment should be relatively rare and exceptional;

(b) a crown court judge has jurisdiction to allow a fresh Newton hearing to take place (even though one took place in the magistrates’ court before the defendant was committed for sentence) if satisfied that it is in the interests of fairness and justice to do so. 

However, the judge should not ordinarily allow a defendant to re-open findings of fact determined by a magistrates’ court unless the defendant can point to some significant development or matter, such as important further evidence discovered since the magistrates’ court reached its conclusion on the facts.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll