The Weekly Law Reports
[2024] 1 WLR 840
Court of Appeal
*Rex v Davis (Aine)
[2023] EWCA Crim 1018
2023 July 13; Sept 8
Lord Burnett of Maldon CJ, Fulford LJ (sitting in retirement), Chamberlain J
Crime— Jurisdiction— Preparatory hearing— Judge ruling on application to stay proceedings as abuse of process— Whether appeal lying to Court of Appeal—
Criminal Procedure and Investigations Act 1996 (c 25), ss 31(3), 35(3)
Crime— Double jeopardy— Autrefois convict— Defendant convicted in Turkey of membership of terrorist organisation— Defendant later charged in United Kingdom with terrorist offences— Whether abuse of process— Proper approach to determining whether proceedings founded on or arising out of same incident or founded on same facts