Later appeal decision prevails
Court of Appeal (Criminal Division)
“Where a judge at a preparatory hearing made a ruling which was overturned on appeal and a differently constituted Court of Appeal in a subsequent case held that the earlier case had been decided per incuriam, the judge was bound to follow the later decision in the interests of justice as a whole and because any rulings of law made at preparatory hearings had correctly to reflect the law which would govern the trial The Court of Appeal, Criminal Division, so held when giving reserved reasons for dismissing on April 19 an interlocutory appeal by M, Z, I, R and B against a ruling made on April 4, 2007 by Judge Beaumont, QC, at the Central Criminal Court at a preparatory hearing under Part III of the Criminal Procedure and Investigations Act 1996 when he held that he was bound by the decision in R v Rowe ( The Times March 26, 2007) rather than another Court of Appeal’s decision in the first appeal of R v M and Others (unreported  EWCA Crim 218) which was decided earlier.”
The Times, 17th May 2007
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