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R v (1) Michael Steele (2) Peter Thomas Corry (3) Jack Whomes [2006] EWCA Crim 2000

An appeal to the Criminal Division of the Court of Appeal had been determined for the purposes of s 55 of the Supreme Court Act 1981 when the judgment had been approved by all members of the court and released to counsel, and it did not matter that one of the judges was not present when the judgment was handed down.

13 October 2006

The applicants (S) applied to the Court of Appeal for permission to appeal to the House of Lords. S applied for the Court of Appeal to certify a point of law of general public importance fit for consideration by the House of Lords. S also sought to make further submissions on the merits of their appeal to the Court of Appeal. S contended that because one of the three judges had not been present when judgment was handed down, their appeal had not been legally determined on that date for the purposes of s 55 of the Supreme Court Act 1981.

HELD: Application refused

(1) It was the common practice of the Criminal Division of the Court of Appeal, however it was constituted, to hand down judgments, which judgments had previously been released to counsel, without all members of the constitution necessarily being present. The usual reason for a judge’s absence, and the reason in the instant case, was that he was sitting elsewhere than in London. It was in the public interest to...

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