R v Davis (Aine)

Additional names

R v BHQ

Subject Matter

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)

[2023] EWCA Crim 1018; [2024] 1 WLR 840; [2024] 1 Cr App R 7; [2023] WLR(D) 387; PDF (unredacted), CA

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

[2023] EWCA Crim 1018; [2024] 1 WLR 840; [2024] 1 Cr App R 7; [2023] WLR(D) 387; PDF (unredacted), CA

Commentary

Blackstones Criminal Practice 2025
Preparatory Hearings - Legal Rulings D15.59

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