Appeal and judicial review

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Practice notes
Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...
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9th Nov
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 12th Jan
Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...
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9th Nov
Practice notes
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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9th Nov
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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9th Nov
Practice notes
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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9th Nov
Practice notes
Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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9th Nov
Practice notes
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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9th Nov
Practice notes
Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov

Most recent Appeal and judicial review content

Practice notes
Prosecutor’s appeal against terminating rulingsPart 9 of the Criminal Justice Act 2003 (CJA 2003) (sections 57–74) gives the prosecution a right to...
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Produced in partnership with Eva Niculiu of Three Raymond Buildings 9th Apr
Practice notes
This Practice Note explains how to appeal to the Crown Court against a sentence imposed by the magistrates’ court. It may be read in conjunction with...
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9th Apr
Practice notes
Administrative court review of criminal proceedingsJudicial review is a process by which the courts exercise a supervisory jurisdiction over the...
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9th Apr
Practice notes
Draft JudgementFollowing any appeal hearing where the court reserves judgement and indicates that judgement is to be handed down at a later date, it...
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9th Apr
Practice notes
A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the...
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Produced in partnership with BCL Burton Copeland 9th Apr
Practice notes
The interests of justice testThe single test for allowing an appeal against conviction is whether the conviction is unsafe. If the grounds of appeal...
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9th Apr
Practice notes
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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9th Apr
Practice notes
What is judicial review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Apr
Practice notes
Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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7th Apr
Practice notes
There are procedural requirements that practitioners must be aware of when appealing sentences imposed in health and safety cases to the Crown Court...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 7th Apr
Practice notes
ARCHIVED: This Practice Note has been archived is not maintained. What is the status of EU law in English law?EU law has formed part of UK law since...
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Produced in partnership with Andrew Eaton and Telha Arshad of Hogan Lovells International LLP 6th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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5th Apr
Practice notes
Statutory basis for an appeal against conviction in the Crown CourtSection 1 of the Criminal Appeal Act 1968 (CAA 1968) provides two routes to appeal...
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5th Apr
Practice notes
Reopening final determinations of the Court of Appeal Criminal DivisionThe Court of Appeal Criminal Division has an inherent jurisdiction in rare...
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25th Mar
Practice notes
This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a...
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17th Mar
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 11th Mar
Practice notes
Judicial review is the process by which the lawfulness of the decisions, acts or omissions of public bodies are challenged in the High Court.Judicial...
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11th Mar
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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11th Mar

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