Criminal Justice Act 2003 s.57 – Introduction

(1)In relation to a trial on indictment, the prosecution is to have the rights of appeal for which provision is made by this Part.

(2)But the prosecution is to have no right of appeal under this Part in respect of—

(a)a ruling that a jury be discharged, or

(b)a ruling from which an appeal lies to the Court of Appeal by virtue of any other enactment.

(3)An appeal under this Part is to lie to the Court of Appeal.

(4)Such an appeal may be brought only with the leave of the judge or the Court of Appeal.

Definitions used in section 57 2

ruling: “ruling” includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement,
Defined in s.74(1) · see it in the full Act
the court: (2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.
Defined in Sch.22 para.11(2) · see it in the full Act

Cases considering section 57 7

F, R v

[2009] EWCA Crim 1639 · 29 July 2009Interprets

The court construed the prosecution-appeal scheme as conferring a right of appeal to the Court of Appeal, subject to leave. It held that the scheme did not require a prior application to the trial judge (see paras [75]; [79]). The court held that permission to appeal may be granted by either the Crown Court judge or the Court of Appeal. The provision imposed no requirement to seek permission from the trial judge before approaching the Court of Appeal (see paras [75]; [79]).

R v Eleanor Margiotta & Ors

[2023] EWCA Crim 759 · 30 June 2023

The court applied the requirement for its leave before the prosecution could appeal the terminating ruling (see para [3]).

Richards & Ors, R. v

[2015] EWCA Crim 1941 · 18 December 2015

The court granted the Crown leave to appeal. (see para [143])

SH, R. v[2010] EWCA Crim 1931 · 3 August 2010
R. v FB (Rev 1)[2010] EWCA Crim 1857 · 27 July 2010
Clarke, R. v[2007] EWCA Crim 2532 · 9 October 2007
Crown Prosecution Service Durham v CE[2006] EWCA Crim 1410 · 24 May 2006

What each judgment says about section 57 is in the case-law panel in the full Act.

Explanatory note

273.This section sets out certain basic criteria for a prosecution appeal under this Part of the Act. The right of appeal arises only in trials on indictment and lies to the Court of Appeal.

274.Subsection (2) sets out two further limitations on appeals under this Part. It prohibits the prosecution from appealing rulings on discharge of the jury and those rulings that may be appealed by the prosecution under other legislation, for example, appeals from preparatory hearings against rulings on admissibility of evidence and other points of law.

275.Subsection (4) provides that the prosecution must obtain leave to appeal, either from the judge or the Court of Appeal.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I37S. 57 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)