Important guidance on criminal confiscation: R v Mahmood – Halsbury’s Law Exchange

Posted April 25th, 2013 in appeals, confiscation, criminal procedure, news, proceeds of crime by sally

“The recent Court of Appeal judgment in R v Mahmood [2013] EWCA 325 provides important guidance on several important issues which often arise in criminal confiscation proceedings before the Crown Court.”

Full story

Halsbury’s Law Exchange, 24th April 2013


Regina v F – WLR Daily

Posted March 18th, 2013 in appeals, criminal procedure, jurisdiction, law reports, witnesses by sally

Regina v F [2013] WLR (D) 100

“The requirement to inform the Crown Court immediately of a prosecutor’s intention to appeal against a preliminary ruling arose when the ruling was formally given and not on earlier communication by e-mail of the conclusion which the trial judge had reached.”

WLR Daily, 14th March 2013


Every case, a managed case: Using the Criminal Procedure Rules – Speech by Nicholas Moss, JP

Posted March 8th, 2013 in case management, criminal procedure, judges, speeches by tracey

“Nicholas Moss JP, a member of the Criminal Procedure Rules Committee, talked about the origin of, and context for, the Criminal Procedure Rules and explained the Committee’s role.”

Full speech

Judiciary of England and Wales, 8th March 2013


Unreliable Evidence – BBC Radio 4

Posted January 8th, 2013 in criminal justice, criminal procedure, delay, evidence, news by sally

“Clive Anderson and top lawyers and judges reveal why the wheels of our legal system turn so slowly and discuss concerns that Government proposals to speed up proceedings in our criminal courts could lead to injustices.”


BBC Radio 4, 2nd January 2013


Regina v YDG; Regina v ZSB – WLR Daily

Posted November 22nd, 2012 in abuse of process, appeals, criminal procedure, law reports, proceeds of crime by tracey

Regina v YDG: Regina v ZSB: [2012] EWCA Crim 2437;   [2012] WLR (D)  332

“Where a judge had directed, pursuant to section 29 of the Criminal Procedure and Investigations Act 1996, that there should be a preparatory hearing, and the conditions of that section were satisfied, he had no power to revoke his direction.”

WLR, 20th November 2012


Phone-hacking claimants drop demand for exemplary damages – The Guardian

Posted September 27th, 2012 in compensation, criminal procedure, damages, interception, media, news by sally

“Lawyers acting for more than 170 alleged phone-hacking victims, including Cherie Blair and Wayne Rooney, have dropped their claim for exemplary damages, the high court has been told, as News International accused them of seeking ‘windfall’ payouts.”

Full story

The Guardian, 27th September 2012


Regina v Gul (Hamesh) – WLR Daily

Posted August 3rd, 2012 in criminal procedure, drug offences, indictments, law reports, trials by tracey

Regina v Gul (Hamesh): [2012] EWCA Crim 1761;  [2012] WLR (D)  245

“Where a defendant was sent for trial to the Crown Court on an indictable only offence but no such offence was included in the indictment when it was signed and the procedure to determine mode of trial was not followed such non-compliance with those procedural requirements would not result in the proceedings being a nullity where the defendant was able to cure any defect in the process by making an appropriate application to the judge at the time.”

WLR Daily, 31st July 2012


Review of sanctions for disclosure failures in criminal trials – Judiciary of England and Wales

Posted April 27th, 2012 in criminal procedure, disclosure, penalties, press releases by tracey

“The Lord Chief Justice has asked Lord Justice Gross and Mr Justice Treacy to conduct a review of sanctions for disclosure failures.”

Full press release

Judiciary of England and Wales, 26th april 2012


Slowly and unsurely, the courts are opening up – The Guardian

Posted April 27th, 2012 in criminal procedure, disclosure, media, news by tracey

“A radical change may be underway in the way journalists cover court cases, thanks to a court of appeal ruling earlier this month. The latest version of the Criminal Procedure Rules, which came into force last October, entitles any member of the public to apply to read or copy documents referred to in court cases. Following the appeal, in which the Guardian sought access to documents referred to in the Tesler extradition case hearing, the presumption will now be that such requests should be approved unless there is a good reason not to.”

Full story

The Guardian, 26th April 2012


How video hearings are speeding up court cases – Ministry of Justice

Posted March 6th, 2012 in courts, criminal procedure, live link evidence, news, pilot schemes by sally

“Video hearings are being extended in a number of courts across the country as part of an initiative involving police and courts staff working together. Assistant Chief Constable Ruth Purdie from Cheshire Police explains the benefits of these new ‘virtual courts’ for the justice system.”

Full story

Ministry of Justice, 27th February 2012


Regina v Armstrong – WLR Daily

Posted February 6th, 2012 in courts martial, criminal procedure, guilty pleas, law reports by sally

Regina v Armstrong [2012] EWCA Crim 83; [2012] WLR (D) 22

“If in the military courts a judge did not approve of a course that a military prosecutor intended to take the proper course for the judge was to ask for the matter to be referred either to the Director of Service Prosecutions or to the Attorney General, as might be appropriate.”

WLR Daily, 1st February 2012


Dangerous, vindictive and unnecessary – The Guardian

“Ken Clarke can already refuse victims compensation for violent crimes if they are of bad character. Now he wants to ban anyone with an unspent conviction from applying.”

Full story

The Guardian, 30th January 2012


A civil litigator’s take on the criminal courts – Halsbury’s Law Exchange

Posted January 13th, 2012 in adjournment, barristers, criminal procedure, news by sally

“In the course of our civil litigation practices, some of us venture from time-to-time into the criminal litigation world on behalf of existing clients who face criminal sanction for some alleged transgression. Very often this type of work is pushed over to a firm undertaking criminal law as a full time practice. Sometimes, however, clients additionally demand the personal attention of their solicitor to ensure some oversight as to what is happening.”

Full story

Halsbury’s Law Exchange, 12th January 2012


Attorney General: The Barnardo’s Lecture – Justice or ordeal: supporting and treating children fairly through the trial process – Attorney General’s Office

Posted December 14th, 2011 in children, criminal procedure, speeches, witnesses by sally

The Barnardo’s Lecture – Justice or ordeal: supporting and treating children fairly through the trial process

Attorney General’s Office, 12th December 2011


Minister signals summary justice role for magistrates – Daily Telegraph

Posted December 8th, 2011 in criminal procedure, fines, magistrates, news, penalties, police, summary judgments by tracey

“Magistrates will be able to hand out summary justice in police stations under a radical overhaul of out-of-court penalties being considered by the Government.”

Full story

Daily Telegraph, 7th December 2011


Virtual courts brings swifter justice – Ministry of Justice

Posted November 29th, 2011 in courts, criminal procedure, live link evidence, news, sentencing by sally

“Increased use of virtual courts and live links technology is making justice quicker and more effective, Justice Ministers Nick Herbert and Jonathan Djanogly said today (28 November).”

Full story

Ministry of Justice, 28th November 2011


The Milly Dowler Trial – Garden Court Chambers Blog

Posted October 7th, 2011 in criminal procedure, cross-examination, murder, news, witnesses by sally

“The Milly Dowler trial raised a number of questions about the operation of the criminal justice system.Ali Naseem Bajwa QC argues that, despite criticisms, the trial process was a fair one.”

Full story

Garden Court Chambers Blog, 6th October 2011


New reporting restriction rules in effect for criminal cases –

“Courts must allow the media an opportunity to challenge any discretionary reporting restrictions they place on a criminal hearing following changes to court rules for England and Wales.”

Full story, 5th October 2011


Rules for open justice – Speech to Broadcast Journalism Training Council Conference: Law, ethics and regulation – Speech by Nicholas Moss

Posted September 12th, 2011 in criminal justice, criminal procedure, speeches by tracey

“Rules for open justice – Speech to Broadcast Journalism Training Council Conference: Law, ethics and regulation. Speech by Nicholas Moss JP, Member, Criminal Procedure Rule Committee, 09/09/2011.”

Full speech

Judiciary of England and Wales, 9th September 2011


News focus: Fast-track justice and the riots – Law Society’s Gazette

Posted August 18th, 2011 in criminal justice, criminal procedure, magistrates, news, violent disorder by sally

“Lawyers have recounted extraordinary scenes both of chaos and professional dedication over the past 10 days, as defence solicitors, prosecutors, magistrates and court staff worked through the night to deal with the unprecedented number of people arrested in the wake of last week’s riots across England.”

Full story

Law Society’s Gazette, 18th August 2011