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Appeal and judicial review

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Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

The following Corporate Crime news provides comprehensive and up to date legal information on Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

Power of Crown Court judges to deal with flawed committals (R v Gould)

Power of Crown Court judges to deal with flawed committals (R v Gould)

The following Corporate Crime news provides comprehensive and up to date legal information on Power of Crown Court judges to deal with flawed committals (R v Gould)

Corporate Crime weekly highlights—8 April 2021

Corporate Crime weekly highlights—8 April 2021

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—8 April 2021

Ringing the changes with the CPS’s Economic Crime Strategy 2025

Ringing the changes with the CPS’s Economic Crime Strategy 2025

The following Corporate Crime news provides comprehensive and up to date legal information on Ringing the changes with the CPS’s Economic Crime Strategy 2025

Featured Corporate Crime content

Recklessness in criminal cases

Recklessness in criminal cases

What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...

Community order requirements

Community order requirements

Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid,...

Voluntary manslaughter

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...

Causation and intervening acts in criminal cases

Causation and intervening acts in criminal cases

Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...

Practice notes

Pre-sentence reports

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

Exclusion of unfair evidence in criminal proceedings

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

Aggravated vehicle-taking

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

Single justice procedure

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

Football banning orders

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

Boiler room fraud

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

Failing to surrender, absconding and breach of bail conditions

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

Corporate manslaughter—prosecutions tracker

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

The defence of insanity

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 and basic intent

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

Stages of a summary trial

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
tag iconIn-house
Practice notes

Appeal by way of case stated

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 dishonestly under the Fraud Act 2006

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

Conducting an appeal in the Court of Appeal Criminal Division (CACD)

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 dismiss

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

Criminal trial held in the absence of the defendant

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

Prosecution right to appeal—terminatory rulings

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

Appeal against sentence in the Crown Court

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

Judicial review of magistrates' court and Crown Court decisions

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

Judgement handed down

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

Appeals in confiscation proceedings under the Proceeds of Crime Act 2002

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

Appeal on fresh evidence in criminal cases

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

Appeal by way of case stated

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....
Read More >
9th Apr
Practice notes

Judicial review—what it is and when it can be used

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

Judicial review time limits—extensions and urgent cases

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

Judicial review—how to start proceedings

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

Conducting an appeal in the Court of Appeal Criminal Division (CACD)

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

Appealing sentences passed in health and safety cases

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

The impact of EU law in judicial review [Archived]

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

Starting an appeal in the Court of Appeal Criminal Division (CACD)

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
tag iconCOVID-19
Practice notes

Criminal appeals—certificates of fitness to appeal from the Crown Court

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

Criminal appeals—reopening final determinations

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

Non-compliance with pre-action provisions

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

Appealing a conviction in the Crown Court

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 of prosecution decisions

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

The pre-action protocols and when they apply

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

Popular documents

LEXISNEXIS

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is

LEXISNEXIS

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR

LEXISNEXIS

Third party rights—the common law doctrine of privity of contract

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third

LEXISNEXIS

Letter to client on disclosure obligations under CPR 31

This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on