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...
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...
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...