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Court of Appeal refuses motion to dismiss appeal of High Court habeas corpus proceedings concerning the certainty and a lack of ambiguity in warrants where the appellant was released definitively from custody after High Court proceedings, on the grounds that while the appeal is moot, it is in the interests of justice and proper administration of justice that the court should hear the appeal.
Criminal law – whether the appeal is moot – mootness – motion to dismiss appeal – High Court Article 40 was successful in respect of one warrant but not a second warrant – appellant was released definitively from custody after High Court proceedings – potential existence of a civil claim which she may wish to bring does not meet the threshold of a live issue between the parties on this appeal – whether the court should exceptionally hear the appeal even if it is moot – certainty and a lack of ambiguity in warrants – appeal is moot but it is in the interests of justice that this Court should hear the appeal.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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