Prosecution right to appeal—terminatory rulings

Produced in partnership with Eva Niculiu of Three Raymond Buildings
Practice notes

Prosecution right to appeal—terminatory rulings

Produced in partnership with Eva Niculiu of Three Raymond Buildings

Practice notes
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Prosecutor’s appeal against terminating rulings

Part 9 of the Criminal Justice Act 2003 (CJA 2003) (sections 57–74) gives the prosecution a right to appeal against adverse rulings made by a Crown Court judge in relation to a trial on indictment.

The appeal lies to the Court of Appeal, and only with leave of the trial judge or the Court of Appeal.

Such appeals fall into two broad categories:

  1. appeals against terminatory rulings, and

  2. appeals against evidentiary rulings which significantly weaken the prosecution case—the relevant provisions are not yet in force

This Practice Note deals only with the first category of appeal.

The prosecution cannot appeal the acquittal of a defendant in the Crown Court. The purpose of the right to appeal against terminatory rulings is to allow the prosecution an interlocutory remedy against a trial judge’s ruling which would have the effect of terminating the prosecution case, and, if the ruling is found to be wrong and the defendant can still receive a fair trial, allow the trial to resume or

Eva Niculiu
Eva Niculiu chambers

Eva is a barrister at Three Raymond Buildings, specialising in crime and associated areas including extradition, licensing, and regulatory law.

She represents defendants across the full range of criminal offences, and has experience representing young people and dealing with young and vulnerable witnesses. She has acted as led junior counsel for the defence in complex fraud trials, and in a murder appeal against conviction. She also prosecutes on behalf of the CPS and a range of other agencies including Transport for London and the Security Industry Authority.

In extradition cases, Eva appears on behalf of requested persons both at first instance and on appeal in the High Court.

She acts for the Metropolitan Police Service in applications for civil preventative orders such as sexual harm prevention orders, sexual risk orders, and closure orders. Accordingly she is also well placed to advise and represent defendants facing such applications.

Eva's other work includes legal professional privilege reviews for HMRC and the Metropolitan Police.

Before coming to the Bar, Eva gained an MPhil from the Cambridge Institute of Criminology. Her dissertation examined the principles of moral and criminal responsibility and their application to psychopaths.

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Key definition:
Appeal definition
What does Appeal mean?

The process by which an employee appeals the decision of an employer (for example following a termination or disciplinary hearing) or Court or Tribunal.

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