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

Posted July 2nd, 2008 in consultations, criminal procedure, magistrates, youth courts by sally

“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

Posted May 22nd, 2008 in appeals, criminal procedure, law reports by sally

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

Posted May 13th, 2008 in criminal procedure, juries, law reports by sally

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

Posted April 28th, 2008 in appeals, criminal procedure, law reports by sally

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

Posted April 21st, 2008 in criminal procedure, indictments, law reports by sally

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

Posted April 10th, 2008 in ASBOs, criminal procedure, practice directions by sally

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

Posted April 7th, 2008 in consultations, criminal procedure, magistrates by sally

“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

Posted February 29th, 2008 in consultations, criminal procedure, EC law by sally

“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

Posted February 20th, 2008 in barristers, criminal justice, criminal procedure, press releases by sally

“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

Posted February 18th, 2008 in appeals, consultations, criminal procedure by sally

“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

Posted January 21st, 2008 in criminal procedure, legislation by sally

“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

Posted December 14th, 2007 in criminal procedure, law reports, witnesses by sally

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

Posted December 6th, 2007 in criminal procedure, evidence, law reports, sexual offences by sally

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

Posted December 4th, 2007 in costs, criminal procedure, practice directions, VAT by sally

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

Posted December 4th, 2007 in criminal procedure, indictments, practice directions by sally

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

Posted December 4th, 2007 in criminal procedure, human rights, law reports, terrorism by sally

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

Posted November 28th, 2007 in criminal procedure, evidence, news, witnesses by sally

“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

Regina v Cartwright – WLR Daily

Posted November 13th, 2007 in criminal procedure, evidence, law reports, sexual offences by sally

Regina v Cartwright [2007] EWCA Crim 2581

“The restrictions imposed by s 41 of the Youth Justice and Criminal Evidence Act 1999 on the calling of evidence of, and cross-examination as to, complainants’ sexual history applied to trials conducted after the coming into force of the Sexual Offences Act 2003, in respect of sexual offences allegedly committed before that date, even though the latter statute failed to contain a saving provision specifically to that effect.”

WLR Daily, 7th November 2007

Source: www.lawreports.co.uk

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

Judicial Review Decisions in the Crown Court – Law Commission

Posted October 31st, 2007 in consultations, criminal procedure, judicial review by sally

“The High Court has the power to judicially review decisions in the Crown Court, except in ‘matters relating to trial on indictment’ (s 29(3) Supreme Court Act 1981). The rationale for the exclusion is that judicial review should not be used as a means of delaying trials and clogging up the criminal justice process.”

Full story

Law Commission, 30th October 2007

Source: www.lawcom.gov.uk

R v Abdroikov; R v Green; R v Williamson – WLR Daily

Posted October 18th, 2007 in criminal procedure, juries, law reports by sally

R v Abdroikov; R v Green; R v Williamson [2007] UKHL 37

“The principle that justice should not only be done but should be seen to be done and that a defendant had a right to be tried by an independent and impartial tribunal might in certain circumstances be violated when a serving police officer or a lawyer employed by a prosecuting authority was a member of a jury.”

WLR Daily, 17th October 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.