Criminal appeals—reopening final determinations
Criminal appeals—reopening final determinations

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Criminal appeals—reopening final determinations
  • Reopening final determinations of the Court of Appeal Criminal Division
  • Exceptional circumstances for reopening final determinations
  • Application of the principles in R v Gohil; R v Preko
  • Procedure

Reopening final determinations of the Court of Appeal Criminal Division

The Court of Appeal Criminal Division has an inherent jurisdiction in rare cases to reopen a previous decision determining appeal proceedings (R v Yasain). In Yasain, the court noted that the Court of Appeal Civil Division exercised an implicit power to reopen a concluded appeal and assumed a similar implicit power for the Court of Appeal Criminal Division.

By way of example, in R v Powell, the court exercised the Yasain jurisdiction in respect of a confiscation order appeal in circumstances where all the parties agreed that the realisable assets had been miscalculated and had tried (unsuccessfully) to rectify it through means of a certificate of inadequacy. In that case, the Court of Appeal had come to the view that 'enough time, effort and previous resources have already been spent on getting this error corrected'.

In R v Hockey, another confiscation case, the Court of Appeal emphasised that the decision in Powell should not be misunderstood and that the Yasain jurisdiction was a very limited one:

‘It is absolutely not available in circumstances such as obtain in this case where it is alleged that the proper construction of the legislation was misunderstood and has been recognised as having been misunderstood in subsequent litigation.’

Where an appeal to the Court of Appeal to redetermine a decision is not possible, an

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