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Court of Appeal Criminal Division: A Practitioners' Guide, 2nd Edition

Court of Appeal Criminal Division: A Practitioners' Guide, 2nd Edition

Author: Susan Holdham; Alix Beldam
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414064737

Previous Edition ISBN: 9780414044807
Published In: November 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

A specialist book for criminal lawyers who file applications and act for clients in the Court of Appeal, Criminal Division. It outlines the various rights of appeal and the relevant legislation and rules, identifies the principles underlying the various jurisdictions and court practice, and gives guidance to practitioners in all aspects of the process.

Covers general practice and procedure of the Court of Appeal Criminal Division, providing guidance in all aspects of the process
Aids practitioners in preparing well drafted grounds of appeal
Identifies the principles underlying the various jurisdictions and the court’s practice
Covers the various specific applications and appeals, outlining the rights of appeal and the relevant legislation and rules
Includes core statutory material and relevant Criminal Procedure Rules and Practice Directions
Covers general Principles And Case Management, commencement of proceedings and pre-trial work
Discusses evidence and disclosure
Guides you through the hearing
Includes notification of decisions of Single Judge and Full Court
Goes over costs & funding, including role of the LSC and costs orders
Provides details on applications to the House of Lords /Supreme Court and relevant practice directions and information on the Criminal Cases Review Commission
Covers the area of Interlocutory Appeals
Provides in-depth detail on conviction, grounds of appeal & powers of court
Full coverage of sentencing including powers of court
Considers the topic of confiscation including restraint and receivership
Covers the area of mentally disordered offenders in a dedicated chapter
Comments on contempt in regards to the Criminal Appeal Act 1968 and Administration of Justice Act 1960
Covers in full appeals against orders restricting or preventing reports or restricting access
Discusses Wasted Costs Orders and appeals against Third Party Costs Orders
Contains information on other rights of appeal including trials involving jury tampering
Deals with complete application for a re-trial for a serious offence
Includes flowcharts and tables for ease of reference

Part 1
History, Constitution, Jurisdiction And Powers

Chapter 1 Historical Development

Introduction
A Short History Of The Court Of Appeal Criminal Division
Creation Of The Court Of Appeal Criminal Division
Development Of The Jurisdiction
Conclusion

Chapter 2 Jurisdiction And Constitution

Jurisdiction
Constitution
Distribution Of Business Between Divisions
Composition Of A Court Of Appeal Criminal Division
Decision And Judgment
Stare Decisis In The Court Of Appeal Criminal Division
Sittings

Chapter 3 Powers Of The Court

Introduction
Powers Of The Court Under Part I Of The 1968 Act
Venire De Novo
Powers Of The Court Under Part Ii Of The 1968 Act: Appeal To The Supreme Court
Powers Exercisable By A Single Judge
The Criminal Procedure Rules 2010

Part 2:
Procedure And Case Management

Chapter 4 The Registrar And The Criminal Appeal Office

The Post Of Registrar
The Registrar’s Powers And Duties
The Criminal Appeal Office

Chapter 5 Procedure And Case Management: General Principles

A) Commencing Proceedings
Consideration Of Whether There Are Arguable Grounds
Funding For The Settling Of Grounds
Reference By The C.C.R.C. Under S.9 Criminal Appeal Act 1995
Extension Of Time Generally
Grounds Of Appeal
Declarations Of Incompatibility
Applications For Bail

B) Actions By Registrar
Transcripts
Perfection Of Grounds Of Appeal
Respondent’s Notices
Frivolous And Vexatious Appeals

C) Fresh Evidence
Powers Of Court
Making The Application
Witnesses
Reception Of Evidence By The Court
Third Party Disclosure

D) The Leave Stage
Cases Where Leave Not Required
Cases Referred To Full Court By Registrar
Cases Sent To Single Judge By Registrar
Bail Pending Appeal
Decision Of The Single Judge
Notification Of Decisions Of Single Judge

E) Hearing Before The Full Court
Preparation Of The Case For Hearing
Ccrc Investigations
Pii Hearings
Skeleton Arguments
Summaries And Notes To The Court
Time Estimates
Bundles
Authorities
Listing
Presence Of Prosecution Counsel
Advocate To The Court-Amicus Curiae
Presence Of The Appellant Or Applicant
Appellant Or Applicant Addressing The Court
Constitution Of The Court
Loss Of Time Orders
Reconstitution Of The Cacd As A Divisional Court
Notification Of Decisions Of The Full Court
Finality Of Proceedings; Re-Listing Of Cases; Whether Court Is Functus Officio

F) Miscellaneous

Abandonment And Applications To Treat Abandonment As A Nullity

Applications On Behalf Of A Deceased Appellant

Absconders

Part 3:
Rights Of Appeal

Chapter 6 Appeals Before The Conclusion Of The Trial

Appeals Against Rulings Made In Preparatory Hearings S.9(11) Cja1988 /S.35(1) Cpia 1996

Appeals Against An Order For Trial By Jury Of Sample Counts S.18 Domestic Violence Crime And Victims Act 2004

Appeals Against An Order For Trial Without A Jury Where There Is A Danger Of Jury Tampering S.44 Cja 2003

Appeals Against An Order For A Trial Without A Jury After Jury Tampering Has Taken Place S.47 Cja 2003

Appeals Against A Ruling Adverse To The Prosecution Under The Criminal Justice Act 2003 S.58 Cja 2003

Chapter 7 Appeals Against Orders Of The Crown Court In The Exercise Of Its Jurisdiction To Punish For Contempt S.13 Aja 1960

Right Of Appeal
Procedure
Practical Consideration

Chapter 8 Appeals Against Conviction And Sentence Under Caa 1968

Provisions Common To Appeals Against Conviction And Sentence
Procedure
Effect Of Appeal On Sentence
Appeal To The Supreme Court

Appeals Against Conviction
Right Of Appeal Against Conviction
Types Of Grounds Of Appeal
Appeal Against Conviction After A Plea Of Guilty
Sentence
The Right Of Appeal
Grounds Of Appeal
Powers Of The Court
Practical Issues That Arise In Sentence Appeals

Chapter 9 Appeals Relating To Mentally Disordered Offenders

Appeals Against Findings Of Unfitness To Plead

Appeal Against A Verdict Of Not Guilty By Reason Of Insanity

Appeal Against The Order Following A Verdict Of Not Guilty By Reason Of Insanity Or A Finding Of Unfitness To Plead

“Substitution” Of Verdict Of Insanity Or Findings Of Unfitness To Plead

Chapter 10 Appeals Relating To Restraint, Recievership, Confiscation And Similar Orders

Appeals Relating To Restraint And Receivership
Appeals In Relation To Restraint Orders
Appeals In Relation To Receivership Orders

Appeals In Relation To Confiscation Proceedings
Defence Appeals Against Confiscation Orders
Prosecution Rights Of Appeal
Appeals Against Orders As A Result Of Requests From Foreign Jurisdictions

Appeals In Relation To External Requests And Orders

Appeals In Relation To Restraint Orders After An External Request

Appeals Relating To A Receiver Appointed In Relation To An External Request Or Order

Appeals Relating To The Registering Of External (Confiscation) Orders

Appeals In Relation To Foreign Requests And Overseas Forfeiture Orders

Appeals In Relation To Restraint Orders After A Foreign Request

Appeals Relating To A Receiver Appointed In Relation To A Restraint Order Or Forfeiture Order After A Foreign Request

Appeals Relating To The Registering Of An Overseas Forfeiture Order

Chapter 11 Attorney General’s References

Attorney General’s Reference Of Unduly Lenient Sentences S35 Cja 1988

Attorney General’s Reference Of A Point Of Law S36 Cja 1972

Chapter 12 Other Appeals Relating To Sentence Or Similar Orders

Appeals Against Review Of Sentence S.74 Socpa

Minimum Terms Appeals:
Against Minimum Term Set By High Court Judge Para.14 Sch 22 Cja 2003
By Transferred Life Prisoner Against Minimum Term Set By High Court Judge S.274(3) Cja 2003

Appeal Against Mandatory Minimum Sentence Following Quashing Of Previous Conviction S.112 Pcc(S)A 2000

Appeal Against Indeterminate / Extended Sentence Following Quashing Of Previous Sch 15a Conviction S.231 Cja 2003

Appeal Against Making / Variation Of Sexual Offences Prevention Order S.110(1) & (3) Soa 2003

Appeals About Serious Crime Prevention Orders S.24(1) & (2) Sca 2007

Appeals Against Declaration That Offence Has Terrorist Connection For Purposes Of Terrorist Notification Requirements S.42(2) Counter-Terrorism Act 2008

Appeals Against The Non-Making Of A Football Banning Order
S.14a(5a) Football Spectators Act 1989 (As Amended By Para.3 Sch.3 Violent Crime Reduction Act 2006

Appeals Relating To Parent/Guardian Order To Enter Into Recognizance Or Pay Fine In Lieu S.150(9) Powers Of Criminal Courts (Sentencing) Act 2000.

Appeal By Parent Or Guardian Against An Order To Pay A Fine, Costs Or Compensation S.137(7) Powers Of Criminal Courts (Sentencing) Act 2000:

Appeal By Parent Or Guardian In Respect Of Whom A Parenting Order Has Been Made S.10(4) Crime And D

Susan Holdham and Alix Beldam

Susan was called to the Bar in 1983 and practised at the criminal Bar, including occasional appearances in the CACD, until 1999 with when she joined the Criminal Appeal Office as a casework lawyer.

Alix was called to the Bar in 1981. After a general common law pupillage and a year working for Societe General she started working as an Outside Summary Writer for the CAO in 1984. She became a permanent CAO lawyer in 1995 and in 1999 took on the role of Section Manager.

In 2002, they were appointed to the newly–created Senior Legal Manager post with responsibility for all the casework in Criminal Appeal Office. Their first task was to advise the Registrar on the structure of the office and their recommendations resulted in a major re-structure in the summer of 2003.

Their extensive experience of the criminal law, coupled with their 28 years in the Criminal Appeal Office give them an unrivalled knowledge of the Court and its procedures. Their responsibilities include the dissemination of best practice in the CACD. They have re-written and updated the “Blue Guide”- A Guide to Commencing Proceedings in the Court of Appeal. They also regularly speak at seminars and conferences about the practice and procedure of the Court of Appeal (Criminal Division). They both act as Assistant Registrar covering his duties as required.

Susan also sits as a Deputy District Judge (Magistrates’ Court).