Archive for the 'criminal procedure' Category

Expert Evidence in Criminal Trials – Law Commission

“This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. In a criminal trial, a jury or magistrates’ court is required to determine disputed factual issues. Experts in a relevant field are often called as witnesses to help the fact-finding body understand and interpret evidence with which that body is unfamiliar.”

Full story

Law Commission, 22nd March 2011

Source: www.lawcom.gov.uk

Justice system delays endemic, research shows – Law Society’s Gazette

“Law Society research submitted to the government last week has identified a ‘lack of communication’ pervading the justice system that is causing delays throughout the process.”

Full story

Law Society’s Gazette, 24th February 2011

Source: www.lawgazette.co.uk

Regina v Hoath; Regina v Standage – WLR Daily

Regina v Hoath; Regina v Standage [2011] WLR (D) 22

“Where a defendant had been given a statutory right of appeal against a refusal to vary a sexual offences prevention order the Court of Appeal, Criminal Division was not precluded from exercising its normal powers on an appeal where there was no express statutory power to make an order on the appeal.”

WLR Daily, 27th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Criminal Procedure (Amendment) Rules 2010 published – Ministry of Justice

“Amendments to the Criminal Procedure Rules will come in to force on 4 October 2010.”

Full story

Ministry of Justice, 11th August 2010

Source: www.justice.gov.uk

Regina v B (F); Same v P (A); Same v C (J) – WLR Daily

Regina v B (F); Same v P (A); Same v C (J) [2010] EWCA Crim 1857; [2010] WLR (D) 21

“A judge sitting in the Crown Court had no power to quash an indictment simply because he did not believe that the proceedings were appropriately brought or were not in the public interest when compared with his assessment of the needs of other cases and that had not changed as a result of the introduction of the Criminal Procedure Rules 2010.”

WLR Daily, 30th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Rymer v Director of Public Prosecutions – WLR Daily

Rymer v Director of Public Prosecutions [2010] EWHC 1848 (Admin); [2010] WLR (D) 197

“A defendant who had pleaded guilty by post in response to a written charge in respect of summary offences and who had been convicted by the justices in his absence pursuant to s 12(4) of the Magistrates’ Court Act 1980 did not have an automatic right to change his plea at a resumed hearing after the case had been adjourned for sentencing pursuant to s 12(5) of the 1980 Act.”

WLR Daily, 22nd July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lord chief justice calls for shorter cases – Law Society’s Gazette

“The lord chief justice has called for family and criminal cases to be shortened.”

Full story

Law Society’s Gazette, 22nd July 2010

Source: www.lawgazette.co.uk

Criminal law – procedural amendments – Law Society’s Gazette

“On 5 April 2010, the Criminal Procedure Rules were consolidated into a new edition, but the opportunity was also taken to make a series of amendments. Part 29 now provides for special measures to assist defendants in relation to witness anonymity orders.”

Full story

Law Society’s Gazette, 8th July 2010

Source: www.lawgazette.co.uk

Criminal Procedure Rules 2010 in force – Ministry of Justice

“The first consolidating edition of the Criminal Procedure Rules came into force today (5 April 2010).”

Full press release

Ministry of Justice, 8th April 2010

Source: www.justice.gov.uk

Simplifying the Criminal Law – Law Commission

“We have published a consultation paper proposing changes to the law relating to the offences of public nuisance and outraging public decency.”

Full press release

Law Commission, 31st March 2010

Source: www.lawcom.gov.uk

Straw announces legal aid reforms – Ministry of Justice

“The Ministry of Justice has announced new proposals for the tendering of criminal legal aid services with the aim of delivering significant savings to taxpayers and a more sustainable future for the legal aid budget.”

Full story

Ministry of Justice, 22nd March 2010

Source: www.justice.gov.uk

Civil unrest as criminal QC appointments escalate – The Lawyer

“The QC appointments panel reduced dramatically the number of civil ­barristers who made silk in the 2010 competition, raising ­concerns about whether the appointments process is ­fundamentally flawed.”

Full story

The Lawyer, 8th March 2010

Source: www.thelawyer.com

Some criminal advocates ‘not up to the job’ – Law Society’s Gazette

“Research on how to assess standards of advocacy has backed up anecdotal evidence that there are problems with the quality of some criminal advocates, but found there is no significant disparity between the performance of solicitors and barristers.”

Full story

Law Society’s Gazette, 25th February 2010

Source: www.lawgazette.co.uk

Criminal Procedure Rules 2010 published – Ministry of Justice

“The Criminal Procedure Rule Committee has made the first consolidating edition of the Criminal Procedure Rules.”

Full story

Ministry of Justice, 2nd February 2010

Source: www.justice.gov.uk

The Criminal Procedure Rules and witness attendance for magistrates – speech by Nicholas Moss, JP

“The Criminal Procedure Rules and witness attendance for magistrates’ – speech to the  Magistrates’ Association Council, London on 26 November 2009.”

Full speech

Judiciary of England and Wales, 1st December 2009

Source: www.judiciary.gov.uk

Practice Direction (Criminal Proceedings: Additional Forms) – WLR Daily

Practice Direction (Criminal Proceedings: Additional Forms); [2009] WLR (D) 293

“The forms for use in connection with the following Parts of the Criminal Procedure Rules 2005, as amended, were set out. The amendments were to take effect on 5 October 2009.”

WLR Daily, 7th October 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Criminal Procedure Rules changes come into effect – Ministry of Justice

“Changes to the Criminal Procedure Rules, affecting procedures used in magistrates’ courts, the Crown Court and the Criminal Division of the Court of Appeal, come into effect today.”

Full story

Ministry of Justice, 5th October 2009

Source: www.justice.gov.uk

R v Greene – WLR Daily

R v Greene

“Where a judge ruled that a witness could be treated as a hostile in examination at trial within the meaning of s 3 of the Criminal Procedure Act 1865 by the party calling him, but that witness did not in the event prove to be hostile, the judge was still obliged to warn the jury to approach that witness’s evidence with some caution, and the nature of that direction depended on the particular circumstances of the case.”

WLR Daily, 14th August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Changes to the Criminal Procedure Rules – Ministry of Justice

“The Criminal Procedure Rule Committee has amended the Criminal Procedure Rules 2005 and the changes will come into force on 5 October 2009.”

Full story

Ministry of Justice, 6th August 2009

Source: www.justice.gov.uk

Regina v Erskine; Regina v Williams – Times Law Reports

Regina v Erskine; Regina v Williams

Court of Appeal (Criminal Division)

“Firm measures were required immediately to ensure that appeals against conviction and sentence could be heard without an excessive citation of earlier, largely factual decisions which did no more than illustrate or restate a principle.”

The Times, 22nd July 2009

Source: www.timesonline.co.uk

R v G(G) and Another – Times Law Reports

R v G(G) and Another

Court of Appeal

“Where the Court of Appeal was determining whether it was in the interests of justice for an acquittal to be quashed on an application by the Crown, the factors specified in section 79(2) of the Criminal Justice Act 2003 were not exhaustive.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

R v T; R v B; R v C; R v H – WLR Daily

R v T; R v B; R v C; R v H [2009] EWCA Crim 1035; [2009] WLR (D) 19

“A criminal trial without a jury did not contravene a defendant’s right to a fair trial where there was a real danger of jury tampering and proposed measures to prevent such interference did not sufficiently address the extent of the risk. On an application by the prosecution for a trial to be conducted without a jury in such circumstances the evidence should be disclosed to the fullest extent possible, but there would be cases where the evidence to demonstrate the risk of jury tampering would be so sensitive that it could only be addressed under public immunity interest principles and it would be contrary to the legislative purpose to make an order for disclosure which would, in effect, bring the prosecution to an end and enable those who had been involved in jury tampering to derail the trial.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Practice directions – Amendment No. 22 to the Consolidated Criminal Practice Direction – Judiciary of England and Wales

“The Lord Chief Justice has handed down Amendment No. 22 to the Consolidated Criminal Practice Direction.  It has three main parts.  Primarily, the amendments set out the different bases on which a defendant may plead guilty.  Secondly, minor changes are made to paragraph III.28 of the Consolidated Criminal Practice Direction regarding the Victim Personal Statement scheme.  Thirdly, it contains various forms for use with the Criminal Procedure Rules and when appealing to and from the Court of Appeal (Criminal Division).”

Full text

Judiciary of England and Wales, 20th May 2009

Source: www.judiciary.gov.uk

Practice Direction (Criminal Proceedings: Victim Personal Statements; Pleas of Guilty in the Crown Court; Forms) – Times Law Reports

Practice Direction (Criminal proceedings: Victim personal statements; Pleas of guilty in the crown court; forms)

“Amended provisions concerning the practice in criminal proceedings in relation to victim personal statements, pleas of guilty in the crown court and forms would come into force with immediate effect.”

The Times, May 19th 2009

Source: www.timesonline.co.uk

Practice Direction (Criminal Proceedings: Victim Personal Statements; Pleas of Guilty in the Crown Court; Forms) – WLR Daily

Practice Direction (Criminal Proceedings: Victim Personal Statements; Pleas of Guilty in the Crown Court; Forms) [2009] WLR (D) 155

“Lord Judge CJ, sitting in the Supreme Court, handed down an amendment to Practice Direction (Criminal Proceedings: Consolidation) [2002] 1 WLR 2870, relating to victim personal statements, pleas of guilty in the Crown Court and forms.”

WLR Daily, 15th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Guide to Criminal Procedure (Amendment No. 2) Rules 2008 – Ministry of Justice

“The Criminal Procedure Rule Committee has made amendments to the Criminal Procedure Rules, which will come into force on 6 April 2009.”

Full story

Ministry of Justice, 30th March 2009

Source: www.justice.gov.uk

Changes to the Criminal Procedure Rules 2006-08 – Ministry of Justice

“A guide to changes to the Criminal Procedure Rules between March 2006 and October 2008.”

Full story

Ministry of Justice, 10th March 2009

Source: www.justice.gov.uk

Adorian v Commissioner of Police of the Metropolis – Times Law Reports

Adorian v Commissioner of Police of the Metropolis

Court of Appeal

“The requirement in section 329 of the Criminal Justice Act 2003 that the court’s permission had to be obtained before a convicted offender could bring civil proceedings for trespass to the person was procedural and directory. Where such proceedings were brought without permission, the defect could be cured on application to the court.”

The Times,23rd February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Adorian v Commissioner of Police of the Metropolis – WLR Daily

Adorian v Commissioner of Police of the Metropolis [2009] EWCA Civ 18; WLR (D) 23

The requirement of s 329(2) of the Criminal Justice Act 2003, that the court’s permission be obtained to bring civil proceedings for trespass to the person where the claimant had been convicted of an imprisonable offence committed on the same occasion as the alleged tort, was procedural and directory, and therefore proceedings brought without such permission were not void but could be cured on application to the court.”

WLR Daily, 26th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Burns v HM Advocate – WLR Daily

Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392

Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time requirement to which he was entitled under art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, was to be calculated from the date of that interview and not from the later date on which the Lord Advocate, as the competent authority in Scotland, required the defendant to answer charges on which he was indicted to stand trial in Scotland.”

WLR Daily, 17th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Stringfellow – Times Law Reports

Regina v Stringfellow

Court of Appeal (Criminal Division)

“Where the clerk of a crown court went wrong when he was taking the vote of the jury, it was better for counsel to interrupt and ask the clerk to start again, to avoid unnecessary excursions to the Court of Appeal.”

The Times, 14th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Views sought on Criminal Procedure Rules about costs – Ministry of Justice

“The Criminal Procedure Rule Committee is seeking views on a proposal to consolidate and revise the rules about costs.”

Full story

Ministry of Justice, 22nd October 2008

Source: www.justice.gov.uk

Regina v B and Others – Times Law Reports

Regina v B and Others

Court of Appeal

“Where one of several defendants in the same criminal proceedings became mentally unfit to stand trial before a jury had been empanelled, there was nothing in principle to prevent the jury subsequently hearing the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking only to whether he had committed the actus reus of the relevant offence.”

The Times, 8th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Criminal Procedure (Amendment) Rules 2008 come into force – Ministry of Justice

“The Criminal Procedure Rule Committee has made amendments to the Criminal Procedure Rules, which will come into force from today (6 October 2008).”

Full story

Ministry of Justice, 6th October 2008

Source: www.justice.gov.uk

Regina v Al-Ali – Times Law Reports

Regina v Al-Ali

Court of Appeal (Criminal Division)

“On an application by the prosecution for leave to appeal from a ruling of a trial judge in the crown court, the Court of Appeal should not simply consider whether the appeal had a realistic prospect of success because even if the judge’s ruling was wrong it would only be if it were in the interests of justice that the trial should be resumed or started afresh.”

The Times, 3rd October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Al-Ali – WLR Daily

Regina v Al-Ali; [2008] WLR (D) 302

“When granting leave to a prosecutor to appeal from a ruling of a trial judge in the Crown Court, the Court of Appeal (Criminal Division) should look rather more widely at the interests of justice than simply considering whether the appeal had a realistic prospect of success because even if the judge’s ruling were held to be wrong it would only be if it were in the interests of justice that an order should be made to resume the trial or to start a fresh trial.”

WLR Daily, 23rd September 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v B and others – WLR Daily

R v B and others: [2008] WLR (D) 296

“Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence.”

WLR Daily, 1st September 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v N Ltd and Another – Times Law Reports

Regina v N Ltd and Another

Court of Appeal (Criminal Division)

“A trial judge could not assent to an application of no case to answer nor enter a verdict of not guilty before the close of the prosecution evidence without the clear consent of all the parties.”

The Times, 25th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Views sought on magistrates’ courts and youth court trial rules – Ministry of Justice

“The Criminal Procedure Rule Committee is seeking views on a proposal to consolidate and revise the rules about trials in magistrates’ courts.”

Full story

Ministry of Justice, 1st July 2008

Source: www.justice.gov.uk

Regina v B – Times Law Reports

Regina v B

Court of Appeal

“The Court of Appeal, Criminal Division, would not give the Crown leave to appeal unless it was seriously arguable, not that a judge in exercising his discretion or making his judgment in the course of a criminal trial might have decided differently, but that it was unreasonable for him to have done it in the way he had.”

The Times, 22nd May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Director of Public Prosecutions of the British Virgin Islands v Penn – WLR Daily

Director of Public Prosecutions of the British Virgin Islands v Penn [2008] UKPC 29; [2008] WLR (D) 149

“Where a defendant had been convicted by a jury which had been empanelled from an array which did not meet the requirements laid down by statute his conviction should not be overturned and a retrial ordered unless the statutory language and intent so required or there was reason to think his trial had been unfair.”

WLR Daily 12th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Greaves – Times Law Reports

Regina v Greaves

Court of Appeal (Criminal Division)

“Accompanying papers of great bulk and some complexity did not turn an unarguable, unmeritorious, application for leave to appeal against conviction into one which was arguable; nor did bulk and complexity operate as some kind of unspoken barrier to making a loss-of-time order under section 29 of the Criminal Appeal Act 1968.”

The Times, 28th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Plant – Times Law Reports

Regina v Plant

Court of Appeal (Criminal Division)

“Where a summary offence was tried with an indictable offence in the crown court but there was no case to answer on the indictable offence, the summary offence did not have to be withdrawn from the jury and retried before justices.”

The Times, 21st April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Practice Direction (Crime: Behaviour Order Application Forms) – WLR Daily

Practice Direction (Crime: Behaviour Order Application Forms); [2008] WLR (D) 98

“The two forms to be used in connection with r 50.3 of the Criminal Procedure Rules 2005, as substituted, were set out. The amendment was to take effect on 7 April 2008.”

WLR Daily, 9th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Views sought on proposed changes to Criminal Procedure Rules – Ministry of Justice

“The Criminal Procedure Rule Committee is asking for views on proposed changes to the rules on starting a criminal case in a magistrates’ court.”

Full story

Ministry of Justice, 7th April 2008

Source: www.justice.gov.uk

EU trials in absence – Attorney-General’s Office

“EU trials in absence: Attorney General launches UK consultation.”

Full consultation

Attorney-General’s Office, 28th February 2008

Source: www.attorneygeneral.gov.uk

Bar Council and Justice Renew Warning to Peers over Criminal Justice and Immigration Bill – The Bar Council

“The Bill reaches a crucial stage of its consideration by the Upper House later today. The barristers’ representative body and Justice each object to Clause 42, which would amend the test applied by the Court of Appeal when considering an appeal against conviction, and to Clause 105, which would see more non-legal prosecution staff (‘Designated Case Workers’ – DCWs) conducting serious trials in magistrates’ courts.”

Full press release

The Bar Council, 20th February 2008

Source: www.barcouncil.org.uk

Proposed change to Criminal Procedure Rules: last chance to comment – Ministry of Justice

“The Criminal Procedure Rule Committee is seeking views on proposals to simplify rules about appeals to the Crown Court against conviction and sentence. Those who wish to comment have until 22 February 2008 to submit their views.”

Full story

Ministry of Justice, 15th February 2008

Source: www.justice.gov.uk

Guide to the Criminal Procedure (Amendment No. 3) Rules 2007 – Ministry of Justice

“The Criminal Procedure Rule Committee has made new rules about case management; a new procedure for applying in criminal cases for an anti-social behaviour order or other civil behaviour order; and new rules about appeals or references to the House of Lords.”

Full story

Ministry of Justice, 21st January 2008

Source: www.justice.gov.uk

Regina v Adams – Times Law Reports

Regina v Adams

Court of Appeal, Criminal Division

“It was not good enough to ensure the attendance of a witness to leave making contact until the last working day before the trial.”

The Times, 14th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v Cartwright – Times Law Reports

Regina v Cartwright

Court of Appeal (Criminal Division)

“Restrictions imposed on adducing evidence and cross-examination as to a complainant’s sexual history by section 41 of the Youth Justice and Criminal Evidence Act 1999 continued to apply to trials after the coming into force of the Sexual Offences Act 2003, in respect of offences allegedly committed before that date, even though there was no express saving provision to that effect.”

The Times, 6th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Practice Direction (Value Added Tax on Disbursements: Amendment to Practice Direction (Criminal Proceedings: Costs)) – WLR Daily

Practice Direction (Value Added Tax on Disbursements: Amendment to Practice Direction (Criminal Proceedings: Costs))

“The text of a new Pt XIV.6 of the Practice Direction (Criminal Proceedings: Costs) [2004] 1 WLR 2657, which was to be substituted for the existing Pt XIV.6, was set out. The amendment was to take effect on 3 December 2007.”

WLR Daily, 3rd December 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed. 

Practice Direction (Amendment No 17 to Consolidated Criminal Practice Direction: Arraignment In Two-stage Trials) – WLR Daily

Practice Direction (Amendment No 17 to Consolidated Criminal Practice Direction: Arraignment In Two-stage Trials)

The text of a new Pt IV.34 on Settling the Indictment, which was to be substituted for the existing Pt IV.34 on Settling the Indictment, in Practice Direction (Criminal Proceedings: Consolidation) [2002] 1 WLR 2870 (‘the consolidated criminal practice direction’) was set out. The amendment was to take effect on 3 December 2007.”

WLR Daily, 3rd December 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for the Home Department v AF – WLR Daily

Secretary of State for the Home Department v AF [2007] EWHC 2828 (Admin)

“A judge who decided issues arising on a hearing under s 3(10) of the Prevention of Terrorism Act 2005 adversely to either party was not for that reason disqualified by prejudgment from adjudicating in subsequent proceedings under the 2005 Act to which the respondent was a party.”

WLR Daily, 3rd December 2007

Source: www.lawreports.co.uk 

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed. 

Witnesses face pre-trial quizzing – BBC News

“Prosecuting lawyers and barristers will be allowed to interview their witnesses before the start of a trial to assess the reliability of their evidence.”

Full story

BBC News, 27th November 2007

Source: www.bbc.co.uk


July 2020
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  

Categories