R v Davis

This was a case-management decision. Where an appellant proposes to advance fresh grounds supported by potential new witness evidence, the court may postpone a requested withdrawal and give directions to establish whether a properly formulated appeal can proceed. The court may require notice to the prosecution and service of any witness statements before further directions. If the anticipated evidence does not materialise or does not assist, the appeal may be dismissed.

The applicant had signed a statement seeking to withdraw his appeal. Counsel indicated that two potential witnesses might provide material enabling fresh grounds of appeal to be advanced.

The Court of Appeal considered it fair to postpone the withdrawal while allowing time for the position to be clarified. It directed that the matter be listed for directions in about three months and that, 28 days beforehand, the applicant notify both the Crown Prosecution Service and the court of the current position and serve any statements relied upon.

1. Withdrawal postponed and directions given. The court postponed the withdrawal of the existing appeal. It did so to permit the applicant to investigate whether fresh evidence from two witnesses could support newly formulated grounds of appeal.
2. Fresh basis required. Any new grounds were to replace the existing grounds, which would then be withdrawn. The court observed that it could not understand the original grounds and that they fell below the standard expected in a case of such gravity.
3. Further procedure. The case was to return for directions in approximately three months. At least 28 days before that hearing, the applicant was to notify the court and the Crown Prosecution Service of the position and serve any witness statements.
4. Contingent result. If the witnesses did not materialise, or did not provide the evidence anticipated, the appeal would be dismissed.

• Court of Appeal (Criminal Division): In [2014] EWCA Crim 487, the court did not determine the merits of the appeal. It postponed its withdrawal and gave directions for possible fresh grounds and evidence.