R (on the application of Spencer) (Appellant) v Secretary of State for Justice (Respondent)

Permission to Appeal application lodged

Case summary
Appeal
Previous proceedings

Case summary

Case ID

UKSC/2025/0036

Parties

Appellant(s)

JOSEPH MAXWELL SPENCER

Respondent(s)

Secretary of State for Justice

Issue

Was the Court of Appeal correct to dismiss the appellant’s appeal for lack of jurisdiction?

Facts

On 11 April 2016, the appellant, Mr Joseph Spencer, was convicted by a jury in the Bradford Crown Court of sexual offences and on the same day HHJ Benson imposed a sentence which included a Notification Requirement Order. On 30 April 2024, Mr Spencer filed an application for judicial review against the respondent, the Secretary of State for Justice, seeking to challenge his conviction and the imposition of notification requirements. On 16 August 2024, HHJ Jackson refused the application for permission for judicial review and certified the claim as totally without merit. On 4 September 2024, Mr Spencer filed an appeal of HHJ Jackson’s decision in the Court of Appeal (Civil Division). On 26 November 2024, Master Bancroft-Rimmer refused the application to appeal on the basis that, pursuant to section 18(1) Senior Courts Act 1981, no appeal lies to the Court of Appeal from any judgment of the High Court in any criminal cause or matter and the Court of Appeal therefore lacked jurisdiction. On 16 December 2024, Lord Justice Lewis reviewed the Master’s directions and confirmed that the Court of Appeal lacked jurisdiction to entertain the appeal. On 18 December 2024, Mr Spencer made an application seeking a transfer of the appeal to the Court of Appeal (Criminal Division) or referring the matter to the High Court. On 19 December 2024, Master Bancroft-Rimmer refused the application for a transfer as the Court of Appeal lacked jurisdiction. On 8 January 2025, Lord Justice Lewis confirmed the Master’s decision, holding that as the Court of Appeal lacked jurisdiction there is no appeal before the Court and therefore no appeal that the Court can transfer. Mr Spencer now appeals to the Supreme Court.