Cooper, R v

The Court of Appeal made a consequential procedural order after previously allowing an appeal against conviction and ordering a retrial. It refused the appellant’s applications, certified three specified questions as being of general public importance, and refused the Crown leave to appeal to the House of Lords.

On 23 April 2008 the Court of Appeal had allowed Cooper’s appeal against conviction and ordered a retrial. Further applications were then referred to the court.

This order concerned those applications and the Crown’s request to certify questions for a possible appeal to the House of Lords. The certified questions concerned the construction of section 30(2)(a) and (b) of the Sexual Offences Act 2003, including capacity to consent or refuse sexual activity and communication of refusal.

1. The court refused the appellant’s applications.

2. On the Crown’s application, it certified three questions as of general public importance. The questions concerned whether capacity under section 30(2)(a) of the Sexual Offences Act 2003 is solely issue-specific; whether an irrational fear connected with mental disorder may amount to a lack of capacity to choose; and whether section 30(2)(b) is confined to physical inability to communicate refusal.

3. The court refused the Crown leave to appeal to the House of Lords.

The order gave no reasons resolving the certified questions and did not determine their substantive merits.

• Court of Appeal (Criminal Division): On 31 July 2008, following its earlier order allowing the appeal against conviction and directing a retrial, the court refused the appellant’s applications, certified questions of general public importance, and refused the Crown leave to appeal to the House of Lords.
• Earlier proceedings: The judgment states that on 23 April 2008 the Court of Appeal allowed the appeal against conviction and ordered a retrial. No lower-court decision or citation is stated.