The following Corporate Crime practice note Produced in partnership with Doughty Street Chambers provides comprehensive and up to date legal information covering:
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the magistrates’ court to the Crown Court.
Further detailed guidance on appeals in the Court of Appeal, Criminal Division can be found in the following Practice Notes:
Starting an appeal in the Court of Appeal Criminal Division (CACD)
Criminal appeals—reopening final determinations
Appeal on fresh evidence in criminal cases
Prosecution right to appeal—terminatory rulings
Conducting an appeal in the Court of Appeal Criminal Division (CACD)
Criminal appeals—certificates of fitness to appeal from the Crown Court
For detailed information on the right to appeal against a sentence passed in the magistrates’ court, see Practice Note: Appeal against sentence in the Crown Court.
A defendant has a right of appeal from the magistrates' court to the Crown Court following a plea of not guilty against their conviction. They can appeal against their conviction, sentence or both.
A defendant who pleaded guilty in the magistrates' court may only appeal their sentence.
For further information on an appeal to the Crown Court against sentence, see Practice Note: Appeal against sentence in the Crown Court.
A defendant cannot appeal because they have subsequently changed their mind and now believe that they have a defence. The exceptions to this are where a defendant
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
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