Part 9 Prosecution Appeals (ss 57-74)
Part 9 Prosecution Appeals (ss 57-74)

57 Introduction

(1)     In relation to a trial on indictment, the prosecution is to have the rights of appeal for which provision is made by this Part.

(2)     But the prosecution is to have no right of appeal under this Part in respect of—

(a)     a ruling that a jury be discharged, or

(b)     a ruling from which an appeal lies to the Court of Appeal by virtue of any other enactment.

(3)     An appeal under this Part is to lie to the Court of Appeal.

(4)     Such an appeal may be brought only with the leave of the judge or the Court of Appeal.


58 General right of appeal in respect of rulings

(1)     This section applies where a judge makes a ruling in relation to a trial on indictment at an applicable time and the ruling relates to one or more offences included in the indictment.

(2)     The prosecution may appeal in respect of the ruling in accordance with this section.

(3)     The ruling is to have no effect whilst the prosecution is able to take any steps under subsection (4).

(4)     The prosecution may not appeal in respect of the ruling unless—

(a)     following the making of the ruling, it—

(i)     informs the court that it intends to appeal, or

(ii)     requests an adjournment to consider whether to appeal, and

(b)     if such an adjournment is granted, it informs the court following the adjournment that it intends to appeal.

(5)     If the prosecution requests an adjournment under subsection (4)(a)(ii), the judge may grant such an adjournment.

(6)     Where the ruling relates to two or more offences—

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