UK Law Articles
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The Times
November 30 1999
Politics & Government
The Crown may get new right of appeal
A WIDE range of judges' rulings could be open to challenge for the first time, under plans for a new prosecution right of appeal.
The move, which could lead to some acquittals being set aside and retrials taking place, is being studied by ministers, the Attorney-General said last night. Lord Williams of Mostyn said that if the prosecution had such a right of appeal, it could lead to a "significant and beneficial change in culture" in the criminal courts.
Ministers have asked the Law Commission to investigate giving the prosecution a new power to appeal against a range of judicial decisions.
Giving the Tom Sargant Memorial Lecture in London, he said that since 1972 the prosecution has had a right of appeal to the Court of Appeal against a judge's decision on a point of law. But the acquittal remained even if such a challenge was successful. The prosecution could also refer sentences it thought to be unduly lenient. But many decisions could not be challenged.
He said that the imbalance must not be overcorrected so as to put the defence at a disadvantage. Needless delay must not be introduced; and any new prosecution rights should not be greater than those available to the defence.
