The Weekly Law Reports
[2023] 2 WLR 651
Court of Appeal
Attorney General’s Reference (No 1 of 2022)
[2022] EWCA Crim 1259
2022 June 29, 30; Sept 28
Lord Burnett of Maldon CJ, Holgate, Saini JJ
Crime— Court of Appeal (Criminal Division)— Jurisdiction— Attorney General referring points of law to Court of Appeal for opinion following acquittal of defendants— Attorney General advancing different arguments from those advanced by Crown at trial— Whether court having jurisdiction to give opinion on points of law referred— Whether points of law referred ones which had arisen in the case—
Criminal Justice Act 1972 (c 71), s 36(1)
Human rights— Freedom of thought, expression and assembly— Interference with— Defendants charged with causing criminal damage to statue during protest and committed to Crown Court for trial— Whether jury required to be sure that defendants’ convictions proportionate interference with their Convention rights—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 9, 10, 11