Cuciurean v CPS [2024] EWHC 848 (Admin) Ss 108 and 111 MCA.
- appeal by case stated to High Court by party aggrieved by decision of magistrates’ court (s 111(1) MCA).
- applicant under s 111(1), but no other party, loses right to appeal to Crown Court (s 111(4) MCA).
- where P appeals by way of case stated under s 111(1), D does not lose right of appeal to Crown Court under s 108 MCA.
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Related case digests
- DPP v Cuciurean [2022] EWHC 736 (Admin) – S 68 CJPOA – s 6(1) HRA - articles 10 and 11 ECHR – article 1 A1P1 - r 35.2(2)(c) CrimPR.
1) not appropriate for High Court to determine ground of appeal not included in application for case stated. - appeal by case stated must give rise to clear-cut point of law. 2) s 6 HRA only applies where a) ECHR rights are engaged and b) proportionality is an ingredient of the offence. - s 68 CJPOA not incompatible with articles 10 or 11 ECHR. - s 68 does not require P to prove conviction would be proportionate in ECHR terms. 3) court considering impact of ECHR rights which favoured one conclusion obliged to also consider ECHR rights which favoured opposing conclusion. - A1P1 pulled in the opposite direction to articles 10 and 11. - rights protecting expression of opinions do not sanction guerrilla tactics.