The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...
Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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...
Draft JudgementFollowing any appeal hearing where the court reserves judgement and indicates that judgement is to be handed down at a later date, it...
A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the...
The interests of justice testThe single test for allowing an appeal against conviction is whether the conviction is unsafe. If the grounds of appeal...
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....
There are procedural requirements that practitioners must be aware of when appealing sentences imposed in health and safety cases to 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...
As a starting point, appeals from the magistrates’ court to the Crown Court are normally only available in criminal cases. This follows from section...
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