Jones, R v [2003] EWCA Crim 3

Case No 200106619 W4[2003] EWCA Crim 3
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CRIMINAL DIVISION)
ON APPEAL FROM TAUNTON CROWN COURT
(HIS HONOUR JUDGE HUME-JONES)
Venue Royal Courts of Justice, Strand, London, WC2A 2LLDate Thursday 16 January 2003
Before
LORD JUSTICE POTTERMR JUSTICE BUTTERFIELDHIS HONOUR JUDGE PAGET QC
Between
REGINARespondentMICHAEL JONESAppellant
Martin Meeke QC and Terence Holder for appellantIan Glen QC and Alan Large (instructed by Crown Prosecution Service) for respondentHearing Hearing date : 20.12.02
JUDGMENT : APPROVED BY THE COURT FOR HANDING DOWN (SUBJECT TO EDITORIAL CORRECTIONS)

JUDGMENT IN RESPECT OF APPELLANT’S APPLICATION TO CERTIFY AND GRANT LEAVE

[1]When we handed down judgment on 20 December 2002, counsel for the appellant, Mr Meeke QC, made application to the court for certification that a point of law of general public importance is involved in our decision, in accordance with s.33(2) of the Criminal Appeal Act 1968, and to grant leave to appeal to the House of Lords in accordance with s.34(1) of that Act. As only one member of the court, Potter LJ, was present for the purposes of handing down the judgment, he indicated that Mr Meeke’s written submissions supplied to the court would be considered by all members of the court, Mr Glen QC for the Crown having indicated that he had no submissions to make upon the application.[2]Having considered the submissions for the appellant, the court certifies, in accordance with s.33(2) of the Criminal Appeal Act 1968 that a point of law of general public importance is involved in our decision, namely:
“Whether it is an abuse of process for the Crown to prosecute a charge of indecent assault under Section 14(1) of the Sexual Offences Act 1956 in circumstances where the conduct upon which that charge is based is an act of unlawful sexual intercourse with a girl under the age of 16 or an attempt thereat in respect of which no prosecution may be commenced under Section 6(1) of the Sexual Offences Act 1956 by virtue of Section 37(2) and paragraphs 10(a) and (b) of the Second Schedule to the Sexual Offences Act 1956.”
[3]Leave to appeal to the House of Lords is, however, refused.[4]We grant a representation order for junior counsel and a solicitor for the purposes of any further application to the House of Lords and thereafter, if leave to appeal be granted by their Lordships, for Queen’s counsel, junior counsel and a solicitor.