This Practice Note explains how to appeal to the Supreme Court (sometimes called the ‘UKSC’) in criminal matters. Appeal to the Supreme Court comes from the Court of Appeal (Criminal Division) or the High Court in a ‘criminal cause or matter’ where there is a point of law of general public importance in issue. The Practice Note includes the statutory basis of appeal to the Supreme Court, appeal from the High Court, appeal from the Court of Appeal (Criminal Division), the procedure for appeal to the Supreme Court and the meaning of ‘interventions’. The Practice Note also covers the preparation of an appeal when permission is granted, the appeal hearing at the Supreme Court, time limits for appeal to the Supreme Court and orders made by the Supreme Court following the hearing.
This Practice Note explains how to appeal to the Crown Court against a criminal conviction in the magistrates’ court pursuant to section 108 of the Magistrates' Courts Act 1980 (MCA 1980). It covers the statutory basis for appealing a conviction, conviction appeals following guilty pleas in the Crown Court, the procedure for appealing from the magistrates’ court (set out in Part 34 of the Criminal Procedure Rules (CrimPR), SI 2020/759) and the appeal hearing in the Crown Court.
This Practice Note covers the offence of encouraging another’s suicide or assisting another’s suicide under section 2 of the Suicide Act 1961. It deals with the elements of the offence, the Director of Public Prosecutions Guidance Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide, case law of encouraging or assisting a suicide and sentencing including R (Nicklinson) v Ministry of Justice, R (on the application of Kenward) v Director of Public Prosecutions (AM intervening) and R (on the application of Conway) v Secretary of State for Justice. The Practice Note also explained the sentence which can be imposed on conviction for assisting a suicide.
This Practice Note explains the offences of possession of an indecent photographs of children under section 160 of the Criminal Justice Act 1998 (CJA 1998); possession of prohibited images of children under section 62 of the Coroners and Justice Act 2009 and possession of a paedophile manual under section 69 of the Serious Crime Act 2015 (SCA 2015). It covers the elements of each offence, the available defences as well as the sentencing of these offences and provides links to the Sentencing Council sentencing guidelines and also to the General guideline—overarching principles which applies from 1 October 2019 to all sentences for adult and corporate offenders.
This Practice Note explains the offence of sexual assault under section 1 of the Sexual Offences Act 2003 (SOA 2003) as well as the offences of assault by penetration under SOA 2003, s 2 and of causing a person to engaging in sexual activity without consent under SOA 2003, s 4. It also explains the old law relating to indecent assault under the Sexual Offences Act 1956 and Sexual Offences (Amendment) Act 1976 which pre-dated SOA 2003 but under which offences are still routinely prosecuted. The Practice Note explains the elements of the offence, consent and the meaning of penetration, sexual touching, intention and the affect of intoxication. It describes sentencing practice for sexual assault and includes links to the relevant sentencing guidelines and the General guideline—overarching principles which applies from 1 October 2019 to sentencing for all adult and corporate offenders.
This Practice Note explains the admissibility of good character evidence in criminal proceedings. It explains the two limb of a good character direction which must be given to juries when such evidence is relied upon. The Practice Note also explains the types of cases where good character may apply and the guidance from the Court of Appeal in R v Hunter on the content and extent of good character directions. It also considers when evidence as to the good character of complainant witnesses may be relevant to an issue in the trial and therefore may be adduced.
This Practice Note explains what human trafficking is and the elements of the offences of human trafficking, people trafficking and of slavery, servitude and forced or compulsory labour contained in the Modern Slavery Act 2015 (MSA 2015). It includes information on how human trafficking/modern slavery may be charged and the maximum sentence may be following conviction as well as the applicability of the Sentencing Council’s General guideline: overarching principles (the General guideline). It also covers the slavery and trafficking reparation orders (STROs), slavery and trafficking prevention orders (STPOs) and Slavery and Trafficking Risk Orders which can be imposed by the courts.
This Practice Note explains the offences associated with trafficking for the purposes of general and sexual exploitation under the Modern Slavery Act 2015 (MSA 2015). It covers the definition of trafficking and sexual exploitation, the elements of the offence, sentencing and the slavery and trafficking reparation orders (STROs), Slavery and Trafficking Prevention Orders and Slavery and Trafficking Risk Orders which can be imposed by the courts.
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