Commentary on Sections Part 9: Prosecution Appeals Section 66: Determination of appeal by Court of Appeal
296.This section sets out the powers of the Court of Appeal when determining a prosecution appeal against an evidentiary ruling. This needs to be read in conjunction with section 67.
297.Subsection (1) authorises the Court of Appeal to confirm, reverse or vary a ruling appealed against. The section is drafted to ensure that, after the Court of Appeal has ordered one or other of these disposals, it must then always make it clear what is to happen next in the case.
298.When the Court of Appeal confirms, reverses or varies a ruling, subsection (2) provides that it must order a resumption of the Crown Court proceedings or a fresh trial, or order the acquittal of the defendant(s) for the offence(s) under appeal. By virtue of subsection (3), the Court of Appeal may only order an acquittal if the prosecution has indicated that it does not intend to continue with the prosecution of that offence. This is intended to cater for the situation where the prosecution considers that effect of the ruling or rulings on the prosecution case is so damaging that they do not wish to proceed with the prosecution.