Brown v Loveday

Brown commenced proceedings against Loveday, seeking leave to appeal against a decision of a single judge of the Supreme Court. The single judge had dismissed an application to extend the time limit for making a compensation order under section 85D of the Sentencing Act 1991. The Supreme Court was required to determine whether leave to appeal could be granted against the decision to dismiss the application to extend time, under section 278 of the Criminal Procedure Act 2009. The court held that the extension of time for which Brown sought leave to appeal was an order that was incidental or preparatory to a substantive compensation order. The court found that, because the extension of time was an order incidental or preparatory to the substantive compensation order, there was no jurisdiction to grant leave to appeal. The court noted that an order incidental or preparatory to a substantive order was not an ‘order’ for the purposes of section 278 of the Criminal Procedure Act 2009. The application for leave to appeal was refused.