Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocationWhere the court decides that a case...
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
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...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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...
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...
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the Coronavirus (COVID-19) pandemic....
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...
A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the...
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....
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...
The interests of justice testThe single test for allowing an appeal against conviction is whether the conviction is unsafe. If the grounds of appeal...
There are procedural requirements that practitioners must be aware of when appealing sentences imposed in health and safety cases to the Crown Court...
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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