Law and Rights
Essential reading for the criminal lawyer or student of criminal law has to be the Court of Appeal (Criminal Division) Annual Report 2009-10 published today 16th December - see Judiciary website and a pdf version here. This is no dry as dust statistical summary of the court's work.
The report commences with the Lord Chief Justice bewailing the "impenetrable legislation" with which he and his fellow judges have to contend. In saying this, one feels sure that he speaks for numerous practising lawyers. Parliament really does need to take note since such legislation is resulting in considerable costs arising from appeals. The Lord Chief Justice also anticipates that the court will have to rule on the interpetation of the amended law relating to the partial defence of "loss of control" in murder cases. This new partial defence replaced that of provocation - see Law and Lawyers 2nd October 2010.
Chapter 3 deals with the court's principal decided cases for the year and,
for each of the cases referred to, there is a masterly summary of the decided law. Numerous cases are referred to and it is noted that 13 cases were heard by a five judge consitution of the court - e.g. R v Magro and others [2010] EWCA Crim 1575 which looks at confiscation orders and also the question of judicial precedent relating to a five judge court. A considerable number of cases wrestled with the evidential problems of bad character and hearsay as well as evidence of anonymous witnesses, young children and "Achieving Best Evidence" interviews. Other cases looked at the vexed question of joint enterprise and one such case - Gnango - is headed for the Supreme Court of the U.K. Yet another case was the important "Shaken Baby Syndrome" case of Henderson which Law and Lawyers looked at earlier this year. Numerous decisions deal with sentencing and the main cases are looked at it in Chapter 3.
Chapter 4 looks at other types of appeal such as appeals against interlocutory orders made during preliminary hearings in the Crown Court. An example of such an appeal is J, S and M v R [2010] EWCA Crim 1755 in which a trial judge ruled that a trial be held by judge alone and see also KS v R [2010] EWCA Crim 1756. Such "other types of appeal" are a growing part of the court's business.
Chapter 5 looks at the role of the Criminal Cases Review Commission.
It is also interesting to note how the court is using technology more and more to assist its workload - e.g. use of live link under the Coroners and Justice Act 2009 s. 110.
A very useful and impressive report which is replete with essential information and it should be of exceptional assistance both to the practitioner and student alike.
- A Glance At An Interesting Day In The Court Of Appeal (criminal Division)
On 16th April, the Court of Appeal (Criminal Division) handed down judgment in: Morris v R [2013] EWCA Crim 436 (16 April 2013) - Leveson LJ, Mitting and Males JJ - an appeal against conviction for dangerous driving was quashed for error of law in the...
- Murder, Terrorism - Two Important Cases
Lord Justice HughesLaw of diminished responsibility: The law of murder has been recently reformed by the Coroners and Justice Act 2009 Part 2 Chapter 1. The new provisions gave rise to the Court of Appeal judgment in R v Clinton, Parker and Evans...
- Achieving Best Evidence - Transcripts
Crown Court - Snaresbrook In a criminal trial, certain witnesses may be allowed to have their evidence-in-chief presented in video recorded form. When this is done, it may take the form of recordings of interviews prepared in accordance with "Achieving...
- A Further Bout With Strasbourg Coming Up? Compensation For Miscarriage Of Justice And Cornish Pasties.
Argentoratum locutum, iudicium finitum According to The Times (22nd February) Britain's most senior judges have warned that the European Court of Human Rights has rejected fundamental rules of criminal evidence enacted by Parliament to ensure that...
- Non Jury Trial In The Crown Court - Should Be A Last Resort
Two Court of Appeal (Criminal Division) judgments have been handed down which ought to make it clear that NON-jury trials in the Crown Court will be only ordered exceptionally. This is very good news for those who, like myself, believe in the value...
Law and Rights
Court of Appeal (Criminal Division) Report 2009-10
The report commences with the Lord Chief Justice bewailing the "impenetrable legislation" with which he and his fellow judges have to contend. In saying this, one feels sure that he speaks for numerous practising lawyers. Parliament really does need to take note since such legislation is resulting in considerable costs arising from appeals. The Lord Chief Justice also anticipates that the court will have to rule on the interpetation of the amended law relating to the partial defence of "loss of control" in murder cases. This new partial defence replaced that of provocation - see Law and Lawyers 2nd October 2010.
Chapter 3 deals with the court's principal decided cases for the year and,
for each of the cases referred to, there is a masterly summary of the decided law. Numerous cases are referred to and it is noted that 13 cases were heard by a five judge consitution of the court - e.g. R v Magro and others [2010] EWCA Crim 1575 which looks at confiscation orders and also the question of judicial precedent relating to a five judge court. A considerable number of cases wrestled with the evidential problems of bad character and hearsay as well as evidence of anonymous witnesses, young children and "Achieving Best Evidence" interviews. Other cases looked at the vexed question of joint enterprise and one such case - Gnango - is headed for the Supreme Court of the U.K. Yet another case was the important "Shaken Baby Syndrome" case of Henderson which Law and Lawyers looked at earlier this year. Numerous decisions deal with sentencing and the main cases are looked at it in Chapter 3.
Chapter 4 looks at other types of appeal such as appeals against interlocutory orders made during preliminary hearings in the Crown Court. An example of such an appeal is J, S and M v R [2010] EWCA Crim 1755 in which a trial judge ruled that a trial be held by judge alone and see also KS v R [2010] EWCA Crim 1756. Such "other types of appeal" are a growing part of the court's business.
Chapter 5 looks at the role of the Criminal Cases Review Commission.
It is also interesting to note how the court is using technology more and more to assist its workload - e.g. use of live link under the Coroners and Justice Act 2009 s. 110.
A very useful and impressive report which is replete with essential information and it should be of exceptional assistance both to the practitioner and student alike.
- A Glance At An Interesting Day In The Court Of Appeal (criminal Division)
On 16th April, the Court of Appeal (Criminal Division) handed down judgment in: Morris v R [2013] EWCA Crim 436 (16 April 2013) - Leveson LJ, Mitting and Males JJ - an appeal against conviction for dangerous driving was quashed for error of law in the...
- Murder, Terrorism - Two Important Cases
Lord Justice HughesLaw of diminished responsibility: The law of murder has been recently reformed by the Coroners and Justice Act 2009 Part 2 Chapter 1. The new provisions gave rise to the Court of Appeal judgment in R v Clinton, Parker and Evans...
- Achieving Best Evidence - Transcripts
Crown Court - Snaresbrook In a criminal trial, certain witnesses may be allowed to have their evidence-in-chief presented in video recorded form. When this is done, it may take the form of recordings of interviews prepared in accordance with "Achieving...
- A Further Bout With Strasbourg Coming Up? Compensation For Miscarriage Of Justice And Cornish Pasties.
Argentoratum locutum, iudicium finitum According to The Times (22nd February) Britain's most senior judges have warned that the European Court of Human Rights has rejected fundamental rules of criminal evidence enacted by Parliament to ensure that...
- Non Jury Trial In The Crown Court - Should Be A Last Resort
Two Court of Appeal (Criminal Division) judgments have been handed down which ought to make it clear that NON-jury trials in the Crown Court will be only ordered exceptionally. This is very good news for those who, like myself, believe in the value...