Leapfrogging the court of appeal

Following the decision of the divisional court a further appeal is possible to the supreme court.

A further appeal is possible to The Supreme Court (effectively leapfrogging the Court of Appeal) on a point of law of public importance, certifiable by the Divisional Court and providing that the Divisional Court or the Supreme Court gives permission for the appeal to the Supreme Court. Sections 12 and 13 of the Administration of Justice Act 1969 made this possible, setting out further provision for appeals from the High Court to the then House of Lords

A rare example of a case following this extended appeal procedure was C (A Minor) v DPP (1995), concerning the presumption that from the age of 10 to 14, for a conviction to be returned, the prosecution had to  show that the child knew that what he was doing was wrong.  The Divisional Court effectively did away with this presumption and reasoned that times had changed.  On appeal on a point of law of public importance the then House of Lords overruled the Divisional Court on the basis that it was for Parliament to give effect to such a major change in the law. This presumption was ultimately abolished by the Crime and Disorder Act 1998.

 

UK Supreme Court Judgments 11th December ... - YouTube an example of leapfrogging.

 

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