Trial in absence The issue for the court in R v Okedare was whether it was prepared to entertain applications for leave from those whose whereabouts were unknown. These...
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 Practice Note:...
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. This Practice Note...
The interests of justice test The single test for allowing an appeal against conviction is whether the conviction is unsafe. If the grounds of appeal submitted refer to...
Statutory basis of appeal to the Supreme Court The United Kingdom Supreme Court, sometimes called the ‘UKSC’, was established by Part 3 of the Constitutional Reform Act...
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the magistrates’ court to the...
There are procedural requirements that practitioners must be aware of when appealing sentences imposed in health and safety cases to the Crown Court or to the Court of...
A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the order itself (see...
Challenging a decision which is wrong in law or in excess of jurisdiction Under the Magistrates' Courts Act 1980, s 111 (MCA 1980) and section 28(1) of the Senior Courts...
This Practice Note explains the conduct and progress of appeals made to the Court of Appeal Criminal Division (CACD) under the Criminal Procedure Rules 2015 (CrimPR), SI...
General rule on costs The general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the event. However, pre-emptive cost orders...
Statutory basis for an appeal against conviction in the Crown Court Section 1 of the Criminal Appeal Act 1968 (CAA 1968) provides two routes to appeal a conviction in the...
Reopening final determinations of the Court of Appeal Criminal Division The Court of Appeal Criminal Division has an inherent jurisdiction in rare cases to reopen a...
Draft Judgement Following any appeal hearing where the court reserves judgement and indicates that judgement is to be handed down at a later date, it should be understood...
Administrative court review of criminal proceedings Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public...
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 review is not...
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further guidance, see Practice...
Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages in a judicial review...
[Insert the name and address of the proposed defendant] Dear [insert organisation name] Letter before claim in proposed judicial review proceedings concerning [insert...
When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of addressing the issues...
What is Judicial Review? Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. This...
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 party being...
Prosecutor’s appeal against terminating rulings Part 9 of the Criminal Justice Act 2003 (CJA 2003) (sections 57–74) gives the prosecution a right to appeal against...
This Practice Note focuses on appeals against conviction and sentence and other orders made to the Court of Appeal Criminal Division (CACD) under the Criminal Procedure...
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no longer an EU Member...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...
