Her Majesty's Attorney General for Gibraltar v Shimizu, Court of Appeal - Privy Council, June 28, 2005, [2005] UKPC 26

Extract

---

Her Majesty's Attorney General for Gibraltar v Shimizu, Court of Appeal - Privy Council, June 28, 2005, [2005] UKPC 26

2005 [UKPC]26

ADVANCE COPY

Privy Council Appeal No. 40 of 2004

Her Majesty's Attorney General for Gibraltar Appellant

v.

Takahashi Shimidzu Respondent

(Andrew Ivan Berllaque, Intervenor) Intevenor

FROM

THE COURT OF APPEAL OF GIBRALTAR

---------------

JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 28th June 2005

------------------

Present at the hearing:-

Lord Bingham of Cornhill

Lord Steyn

Lord Scott of Foscote

Lord Rodger of Earlsferry

Lord Carswell

[Delivered by Lord Bingham of Cornhill]

------------------

1. The issue in this appeal is whether the provisions of section 232 of the Criminal Procedure Ordinance 1952 violate the provisions of the Constitution of Gibraltar. That section governs the making of costs orders in trials on indictment. Subsection (1) permits the making of a costs order against a convicted defendant in favour of the prosecution. But subsection (2) precludes the making of a costs order in favour of an acquitted defendant against the prosecution, save in rare cases. Mr Shimidzu, with whom the intervenor (Mr Berllaque) makes common cause, challenge...

See the full content of this document

---