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Practice notes
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
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
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9th Nov
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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,...
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Produced in partnership with Red Lion Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
Practice notes
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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Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan
Practice notes
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...
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9th Nov
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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9th Nov
Practice notes
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
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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9th Nov
Practice notes
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 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
Read More >
9th Nov

Most recent Criminal appeals content

Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
Read More >
12th Apr
Practice notes
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
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
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
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
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
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 Apr
Practice notes
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
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
Practice notes
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
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
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
Trial in absenceThe issue for the court in R v Okedare was whether it was prepared to entertain applications for leave from those whose whereabouts...
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11th Mar
Practice notes
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 Doughty Street Chambers 26th Feb
Q&As
The bringing of an appeal does not automatically operate to suspend the effect of any requirement to pay a fine. The fact that an appeal is pending...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 13th Feb
Q&As
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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Produced in partnership with Denis Edwards of Normanton Chambers 27th Jan
Q&As
An appeal against conviction can be on points of law or fact. The single test for allowing an appeal is whether the conviction is unsafe. Commonly...
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6th Dec
Q&As
A decision of the High Court in a criminal cause or matter may be appealed to the Supreme Court on a point of law of general public importance, by...
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6th Dec

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