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...

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, SI 2015/1490 (CrimPR) 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...

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:SCA 1981, s...

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),...

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...

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...

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...

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