Revitt & Ors v Director of Public Prosecutions

An appeal raising important issues of principle should be adjourned where the prosecuting authority requires an opportunity to be represented and address those issues. In particular, the court identified the need for submissions on the principles governing the point at which a person charged with a criminal offence may be regarded as proved guilty according to law before the proceedings have concluded.

Three appellants brought appeals against the Director of Public Prosecutions. At the hearing, the court considered that the appeals raised issues of principle concerning when a person charged with a criminal offence could be treated as proved guilty according to law before the conclusion of the proceedings.

The respondent was not represented. The central procedural question was whether the appeals should be adjourned so that the Crown Prosecution Service could address the issues of principle.

The court adjourned the appeals. The Crown Prosecution Service should be represented before the court determined the issues of principle arising.

The court considered that proper determination required submissions on the principles applicable where it was argued that a person charged with a criminal offence had been proved guilty according to law at a stage before the proceedings had concluded.

The appeals were to be brought back for hearing if practicable during the same term.

1. High Court (Administrative Court): The appeals were adjourned to enable the Crown Prosecution Service to be represented and address the issues of principle.