Reversal of rulings
Part 9 Prosecution appeals
The Court of Appeal may not reverse a ruling on an appeal under this Part unless it is satisfied—
(a)that the ruling was wrong in law,
(b)that the ruling involved an error of law or principle, or
(c)that the ruling was a ruling that it was not reasonable for the judge to have made.
(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“ruling” includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement,
Defined in s.74(1) · see it in the full ActSection 67 defined the appellate threshold: the ruling could be reversed only if it was wrong in law, involved an error of law or principle, or was not a reasonable ruling for the judge to make. The Court applied that standard and dismissed the appeal. (see para [26])
The court treated the statutory grounds—wrong in law, error of law or principle, or an unreasonable ruling—as a high hurdle for the prosecution. It held that the Crown Court ruling met the threshold for reversal. (see paras [2]; [30])
The court applied section 67 to reverse the erroneous characterisation of the judge’s refusal to adjourn as a terminating ruling. (see para [41])
38 more judgments, and what each says about section 67, are in the case-law panel in the full Act.
299.This section sets out the criteria that have to be satisfied before the Court of Appeal can overturn a judge’s ruling. This applies to both the general right of appeal and appeals against evidentiary rulings.