When determining the scope of a s 319A referral in a second application for leave to appeal based on fresh evidence of police informer misconduct, the Court of Appeal will adopt a broad approach to the issues referred, declining to shut out the applicant from establishing facts underlying proposed grounds of appeal. Issues relating to whether police or prosecutorial impropriety was intentional or systemic are relevant and should not be excluded from the referral. Section 319A does not permit referral of the application for leave to appeal itself or the entirety of a proposed ground of appeal, but permits referral of factual and mixed fact and law issues that are not dispositive of the application.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.