Category: criminal procedure

Regina v McKenzie – WLR Daily

Posted June 27th, 2011 in appeals, criminal procedure, indictments, law reports, sexual offences by sally

Regina v McKenzie [2011] EWCA Crim 1550; [2011] WLR (D) 207

“Where the counts in an indictment referred to offences contrary to a specific statutory provision but the particulars referred to acts which would be contrary to a different statutory provision, findings of a jury could not be upheld on the basis that the requirements of section 4A(2)(b) of the Criminal Procedure (Insanity) Act 1964 were met, or that the defects could be cured by application of section 3 of the Criminal Appeal Act 1968.”

WLR Daily, 23rd June 2011

Source: www.iclr.co.uk

“Justice in Times of Austerity” – speech by Commissioner Viviane Reding now available – The Bar Council

Posted June 23rd, 2011 in criminal justice, criminal procedure, dispute resolution, EC law, speeches by sally

“Vice-President of the European Commission and the first Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding delivered the keynote address at a seminar on ‘Justice in Times of Austerity’, co-hosted by the Bar Council, the Criminal Bar Association, the Family Law Bar Association and the European Circuit of the Bar of England and Wales.”

Full story

The Bar Council, 22nd June 2011

Source: www.barcouncil.org.uk

Expert Evidence in Criminal Trials – Law Commission

Posted March 22nd, 2011 in criminal procedure, evidence, expert witnesses, Law Commission, news, reports by sally

“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

Posted February 24th, 2011 in criminal justice, criminal procedure, delay, legal profession, news, police, probation by sally

“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

Posted January 28th, 2011 in appeals, criminal procedure, law reports, sentencing, sexual offences prevention orders by sally

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

Posted August 11th, 2010 in criminal procedure, legislation, Ministry of Justice, news by sally

“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

Posted August 2nd, 2010 in case management, criminal procedure, indictments, law reports by sally

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

Posted July 26th, 2010 in criminal procedure, law reports, pleadings, road traffic offences by sally

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

Posted July 22nd, 2010 in criminal procedure, family courts, judiciary, news, trials by sally

“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

Posted July 14th, 2010 in criminal procedure, news by sally

“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

Posted April 8th, 2010 in criminal procedure, Ministry of Justice, press releases by sally

“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

Posted March 31st, 2010 in consultations, criminal justice, criminal procedure, Law Commission, press releases by sally

“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

Posted March 23rd, 2010 in criminal procedure, fees, legal aid, Ministry of Justice, news, tenders by sally

“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

Posted March 8th, 2010 in criminal procedure, legal profession, news, queen's counsel by sally

“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

Posted February 25th, 2010 in advocacy, barristers, criminal procedure, news, solicitors by sally

“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

Posted February 3rd, 2010 in criminal procedure, legislation, Ministry of Justice, news by sally

“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

Posted December 2nd, 2009 in criminal procedure, magistrates, speeches, witnesses by sally

“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

Posted October 8th, 2009 in criminal procedure, law reports, practice directions by sally

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

Posted October 5th, 2009 in criminal procedure, news by sally

“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

Posted August 25th, 2009 in criminal procedure, evidence, law reports, witnesses by sally

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.