Q&As

How can you appeal a decision of the High Court on a case stated appeal to the UKSC and what is the test for permission to appeal?

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Published on LexisPSL on 14/08/2018

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • How can you appeal a decision of the High Court on a case stated appeal to the UKSC and what is the test for permission to appeal?
  • Powers of the Supreme Court

A decision of the High Court in a criminal cause or matter may be appealed to the Supreme Court on a point of law of general public importance, by either the prosecutor or the defence with leave from either the High Court or Supreme Court. It is worth noting, however, that where a judgment arises from proceedings that are related to criminal proceedings but are in reality collateral to them, they will not themselves constitute a criminal cause or matter. In its ordinary and natural meaning, the term ‘in a criminal cause or matter’ has been found by the Supreme Court to include proceedings by way of judicial review of a decision made in a criminal cause (see: Belhaj v Director of Public Prosecutions). For further information, see Practice Note: Appeal to the Supreme Court in criminal cases.

For further guidance, see Practice Note: Appeal by way of case stated,

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