Court of Appeal answers in the negative a case stated concerning whether the Director of Public Prosecutions (DPP) has a right of appeal from a finding in the District Court that an accused person was unfit to be tried, finding that the clear wording of the relevant legislation precludes an appeal by the DPP.
Criminal law – consultative case stated – whether the DPP has a right of appeal from a finding in the District Court that an accused person was unfit to be tried – section 7 of the Criminal Law (Insanity) Act 2006 – word ‘appellant’ cannot be interpreted in the way contended for by the DPP – Oxford Dictionary of Law Mozley & Whitley, 11th Ed – clear wording of s. 7 precludes appeals by the Director of Public Prosecutions – case stated answered.