(1)Where the prosecution informs the court in accordance with section 58(4) that it intends to appeal, the judge must decide whether or not the appeal should be expedited.
(2)If the judge decides that the appeal should be expedited, he may order an adjournment.
(3)If the judge decides that the appeal should not be expedited, he may—
(a)order an adjournment, or
(b)discharge the jury (if one has been sworn).
(4)If he decides that the appeal should be expedited, he or the Court of Appeal may subsequently reverse that decision and, if it is reversed, the judge may act as mentioned in subsection (3)(a) or (b).
Cases considering section 59 5
[2010] EWCA Crim 1931 · 3 August 2010
The court held that the judge had a mandatory duty, once notified of the intended appeal, to decide whether the appeal should be expedited. The judge could not simply continue the trial regardless. (see paras [33]-[36])
The court explained that, if the appeal were expedited, an adjournment was an available statutory course. (see para [35])
The court explained that, if the appeal were not expedited, the judge could adjourn the proceedings or discharge the jury. In this short trial, proper consideration would inevitably have led to discharge of the jury. (see paras [35]-[36])
The court referred to the provision as part of the statutory scheme governing a later reversal of an expedition decision. (see para [35])
[2022] EWCA Crim 237 · 24 February 2022
Applies section 59 procedurally to the prosecution’s application for expedition. The Crown Court judge granted expedition after the written application was lodged (see para [22]).
[2019] EWCA Crim 17 · 22 January 2019
The court used the requirement to consider expedition as support for its reading that the prosecution-appeal scheme is designed to avoid delay. (see para [26])
- M, R. v[2012] EWCA Crim 792 · 26 April 2012
- F, R v[2009] EWCA Crim 1639 · 29 July 2009
What each judgment says about section 59 is in the case-law panel in the full Act.
281.This section provides two alternative appeal routes, an expedited (fast) route and a non-expedited (slower) route. The judge must determine which route the appeal will follow (subsection (1)). In the case of an expedited appeal the trial may be adjourned (subsection (2)). If the judge decides that the appeal should follow the non-expedited route he may either adjourn the proceedings or discharge the jury, if one has been sworn (subsection (3)). Subsection (4) gives both the judge and the Court of Appeal power to reverse a decision to expedite an appeal, thus transferring the case to the slower non-expedited route. If a decision is reversed under this subsection, the jury may be discharged.