Crown Court Procedure

Crown Court Procedure guidance:

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...

Practice Note

The procedure for making an application to stay proceedings due to abuse of process is governed by the Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, r 3.20. For...

Practice Note

The application procedure for making an abuse argument is governed by the Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490 and directions in support of these rules...

Practice Note

Defendants' costs orders The Legal Aid, Sentencing and Punishment of Offenders Act 2012, Sch 7 (LASPO 2012) made significant changes to the regime which governs the...

Practice Note

Application to dismiss Under the CDA 1998, sch 3, para2(1), the defendant may (after the date when he is served with the documents containing the evidence on which the...

Practice Note

Where a party to criminal proceedings incurs costs as a result of another party’s unnecessary or improper act or omission, the criminal courts may make an order that...

Practice Note

There are two kinds of burden: • the legal burden, and • the evidential burden The legal burden A party has the legal (sometimes called ‘the persuasive’) burden where the...

Practice Note

In both the magistrates’ court and the Crown Court, proceeding with a trial in the absence of the defendant is a last resort and is one which the courts will try to avoid...

Practice Note

The Senior Courts Act 1981 (SCA 1981) sets out the circumstances where a defendant may apply to the Crown Court for bail. These are where: • the defendant has been...

Practice Note

The Prosecution of Offences (Custody Time Limits) Regulations 1987, SI 1987/299 (CTLR 1987), made under the Prosecution of Offences Act 1985 (POA 1985), impose time...

Practice Note

The Criminal Procedure and Investigations Act 1996 (CPIA 1996) sets out the disclosure duties of both the prosecution and the defendant in criminal proceedings. For...

Practice Note

ARCHIVED: This archived Practice Note is being retained for historical interest and to assist practitioners dealing with cases where the old provisions apply. The Legal...

Practice Note

What amounts to the conclusion of criminal proceedings? A typical criminal case concludes with either an acquittal at the end of a trial, or a conviction and sentence...

Practice Note

There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal...

Practice Note

Fraud Protocol The procedure and management of Fraud trials was determined by Fraud Protocol and Criminal Procedure Rules. The statutory scheme which determines the...

Practice Note

Who is entitled to serve on a jury? Section 1 of the Juries Act 1974 (JA 1974) states that everyone is entitled to serve on a jury provided that: • the person is...

Practice Note

Breach of promise not to prosecute The duty of public authorities to act fairly and the rule of law which allows a person to predict the consequences of their actions...

Practice Note

The Criminal Practice Directions (CPD) (as amended), at CPD I The overriding objective 1A.3 states: ‘The Criminal Procedure Rules and the Criminal Practice Directions are...

Practice Note

The Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490 provide for two main types of hearing which are described more fully below: • plea and trial preparation hearings...

Practice Note

This Practice Note explains the procedure which must be followed during the initial stages of a Crown Court trial through to the evidence and speeches in accordance with...

Practice Note

This Practice Note explains the procedure which must be followed during the latter stages of a Crown Court trial and sentencing in accordance with the Criminal Procedure...

Practice Note

The power to award prosecution costs There are several ways in which a prosecutor may obtain an order covering their costs of bringing a prosecution: Private prosecution...

Practice Note

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...

Practice Note

Recovery of legal costs from central funds The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) makes substantial changes to the Prosecution of...

Practice Note

Updating the Criminal Procedure Rules The Criminal Procedure Rules Committee has made rules for the criminal courts in England and Wales since 2005. These must be read in...

Practice Note

The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: • the Indictments Act 1915 (IA 1915) •...

Practice Note