Criminal Appeals Handbook

2. Auflage 2019
ISBN: 978-1-5265-0885-0
Verlag: Bloomsbury Academic

Buch, Englisch, 400 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 553 g

Reihe: Criminal Practice Series

With a Foreword by Sir Adrian Fulford, Vice President, Court of Appeal Criminal Division.

Are you appealing from the Crown Court or the Court of Appeal?

The Criminal Appeals Handbook, Second Edition is THE 'how to' guide to appealing from the Crown Court to the Court of Appeal and beyond, to assist those who seek to challenge a conviction or sentence imposed in the Crown Court.

In short, concise chapters this book describes each stage of the appeals process and introduces the reader to the language, law and procedure of pursuing an appeal. It presents ways of investigating what may have gone wrong and what resources and funding is available through legal aid, in order to identify potential grounds of appeal. In addition it provides an overview of interlocutory appeals, responding to prosecution appeals and considering the position of defendants who suffer from mental disorders. It follows the process through to the conclusion of the case in the Court of Appeal, and beyond, covering appeal to the Supreme Court, the Criminal Case Review Commission, and international remedies through the ECtHR and UNHRC.

The Second Edition is updated to take account of:

The revised Her Majesty's Courts and Tribunals Service Guide to the procedures that must be followed on appeal
Amended statutes, Criminal Procedure Rules and Practice Directions in relation to appeals
Recent substantive case law in relation to key appellate issues, including the duty of fresh representatives in conviction appeals to consult trial lawyers
Important guidance given by the Court of Appeal on the meaning of 'substantial injustice'
The court's approach to further information or evidence in sentence appeals and the role of the Court of Appeal in relation to Sentencing Guidelines

An invaluable guide to an often-daunting area of criminal litigation for barristers, solicitor advocates and students of the topic.

'.a truly useful insight to the otherwise, potentially daunting, web of Court of Appeal
procedure. the Criminal Appeals Handbook is a hugely impressive work. I, for one, will
not be making my way to the High Court from now on without a copy' Counsel (Review of the previous edition)

Joel Bennathan QC, Doughty Street Chambers, has an established defence practice in serious and complex crime with a specialism in a broad range of appeals. He is listed as a band 1 QC by Chambers and Partners and the Legal 500.

Rebecca Trowler QC, Doughty Street Chambers, is listed as a leading Band 1 silk in criminal law. She has extensive experience in the most serious, complex and highprofile criminal trials and appeals.

Gregory Stewart is a director at GT Stewart where he is head of their specialist appeals team. They are a nationwide firm undertaking private and publicly funded appeals. They have acted in many notable appeal cases and are recommended ranked in both Chambers UK and the Legal 500.

Autoren/Hrsg.

Bennathan Kc, Joel

Trowler Kc, Rebecca

Stewart, Gregory

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Part 1: The Law
1 Introduction to the Court of Appeal
2 Applying the law: recent developments
3 Appeals against conviction
4 Appeals against sentence
Part 2: The Appeal Process
5 Defence investigations
6 Applying for leave to appeal
7 Preparing for hearings in the Court of Appeal
8 Public funding and pro bono assistance
Part 3: Applications from the Court of Appeal
9 The Criminal Cases Review Commission
10 Appealing to the Supreme Court
11 Applications to the European Court of Human Rights
Part 4: Other Rights of Appeal
12 Appeals against interlocutory rulings
13 Responding to prosecution appeals
14 Appeals in relation to defendants suffering from a mental disorder
Appendices
A Criminal Practice Directions, Division IX
B The Criminal Procedure Rules, Parts 36 to 44
C A Guide to Commencing Proceedings in the Court of Appeal (Criminal Division)
D Sample pleadings
E Court of Appeal costs
F New client appeal enquiry form

Über Autor(innen)

Bennathan Kc, Joel
Joel Bennathan KC, Doughty Street Chambers, has an established defence practice in serious and complex crime with a specialism in a broad range of appeals. He is listed as a band 1 KC by Chambers and Partners and the Legal 500.

Stewart, Gregory
Greg Stewart - GT Stewart Solicitors & Advocates.

Since qualification Greg has specialised in criminal defence work. For 20 years he conducted daily advocacy, mainly in the Youth Court, including hundreds of contested trials. He gained Higher Rights in criminal advocacy. He also specialised in advising on criminal appeals, especially those involving children and vulnerable adults. He has many reported appellate challenges to unfair aspects of youth court practice or points of principle.
For 10 years he was the youth justice specialist on the Law Society Criminal Law Committee. He still is heavily involved with youth justice policy. He gave evidence to the 'Carlile Inquiry' a Parliamentary Cross Party Inquiry into the Youth Justice System and he regularly contributes to HMCTS working groups on youth justice and advocacy as well as presenting seminars and training on related areas of practice.
In 2019 he received the Youth Champion - Outstanding Achievement Award by the Youth Justice Legal Centre (YJLC) and he is a member of the advisory board of the YJLC. He is also on the committee of the Criminal Appeal Lawyers' Association (CALA) and the London Criminal Courts Association (LCCSA).
For many years he has been recommended in the Chambers UK and Legal 500 as a leading defence lawyer in London.
He set up GT Stewart in 2003 which has become a national firm with specialist departments dealing with young people and appeals. The firm is recommended in the leading directories.

Trowler Kc, Rebecca
Rebecca Trowler KC, Doughty Street Chambers, is listed as a leading Band 1 silk in criminal law. She has extensive experience in the most serious, complex and highprofile criminal trials and appeals.

Joel Bennathan KC of Doughty Street Chambers leads the 2nd edn. He has an established defence practice in serious and complex crime with a specialism in a broad range of appeals.

Rebecca Trowler KC of Doughty Street joins the team for the 2nd ed. Rebecca is listed as a leading Band 1 silk in criminal law in the current edition of Chambers & Partners. She has extensive experience in the most serious, complex and high-profile criminal trials and appeals.

Gregory Stewart, the managing partner, and head of the appeal department, of GT Stewart, a leading London firm specialising in criminal appeals and ranked in band 3 by Chambers and the Legal 500.