An application for a writ of habeas corpus by a prisoner who had been sentenced to imprisonment for public protection when his offence pre-dated the coming into force of the Criminal Justice Act 2003 failed. The sentencing judge had had competent jurisdiction to direct both imprisonment and a minimum term. Her order could not, therefore, be ignored as a suspected nullity; it had to be obeyed unless and until it was set aside on appeal.
ABSENCE OF JURISDICTION CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 CRIMINAL PROCEDURE HABEAS CORPUS IMPRISONMENT FOR PUBLIC PROTECTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.80 PRISON GOVERNORS RAPE OF CHILD UNDER 13 RELEASE ON LICENCE s.225 s.85 SENTENCING UNLAWFUL SENTENCES
The requirement in the Criminal Procedure Rules 2014 Pt 67 to give immediate notice of an intention to seek permission to appeal against a terminating ruling was a mandatory pre-condition to establish appeal jurisdiction. Prosecution counsel’s failure to give such notice, where he had withdrawn from the case due to professional embarrassment but remained ostensibly holding the prosecution brief, meant that the court lacked jurisdiction to consider an application for permission to appeal.
ABSENCE OF JURISDICTION ADJOURNMENT COUNSEL’S FAILURE TO GIVE NOTICE OF INTENTION TO SEEK PERMISSION TO APPEAL CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2014 Pt 67 DELAY EFFECT OF CRIMINAL PROCEDURE RULES 2014 PT 67 UPON APPEAL JURISDICTION LEGAL PROFESSION PROFESSIONAL EMBARRASSMENT PROSECUTION APPEALS PROSECUTION CASE r.67.2(2)(a) RAPE TERMINATING RULINGS
Despite a substantial delay in applying for judicial review, it was in the public interest to quash a court’s decision purporting to lift a sexual offender’s notification requirements. The court lacked power to make that order, and the grant of relief upheld the rule of law and ensured that all applications to life notification requirements were dealt with under the same procedure.
ABSENCE OF JURISDICTION ADMINISTRATIVE LAW COURT LIFTING NOTIFICATION REQUIREMENTS IMPOSED ON SEXUAL OFFENDER WITHOUT HAVING POWER TO DO SO DELAY EFFECT OF SUBSTANTIAL DELAY IN BRINGING JUDICIAL REVIEW CLAIM JUDGMENTS AND ORDERS JUDICIAL REVIEW NOTIFICATION REQUIREMENTS PENOLOGY AND CRIMINOLOGY Pt 1 PUBLIC INTEREST RULE OF LAW s.104(1) s.109(3) s.81 s.81(1) s.81(3) s.82(1) s.91 s.91A s.91A(1) s.91B s.91B(1) s.91B(2)(a) s.91B(8)(b) s.91C s.91D(2) s.91E Sch.3 SENTENCING SEX OFFENDERS ACT 1997 s.1 SEXUAL OFFENCES ACT 2003 s.80
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