R v Y [2008] EWCA Crim 10; [2008] WLR (D) 15
“Many rulings made by trial judges could properly be described both as relating to ‘offences included in the indictment’ and as being evidentiary and as such came within the provisions of s 58 of the Criminal Justice Act 2003, allowing the Crown to appeal against them provided it agreed, pursuant to s 58(8), that if the appeal failed the defendant had to be acquitted.”
WLR Daily, 28th January 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.