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

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

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414064737
  • 出版时间 November 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,785.60

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    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).

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