Criminal Appeals Handbook

By: Joel Bennathan QC, Rebecca Trawler QC and Gregory Stewart
ISBN: 9781526508850

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About Criminal Appeals Handbook

With a Foreword by Sir Adrian Fulford, Vice President, Court of Appeal Criminal Division. Provides practical assistance to legal representatives of clients who are seeking to challenge convictions or sentences in the Court of Appeal and beyond. This text is also of interest to those convicted and their families, not by encouraging them to conduct appeals themselves, given how complex the process can be, but in assisting them to understand... Read more

About Criminal Appeals Handbook

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

Provides practical assistance to legal representatives of clients who are seeking to challenge convictions or sentences in the Court of Appeal and beyond. This text is also of interest to those convicted and their families, not by encouraging them to conduct appeals themselves, given how complex the process can be, but in assisting them to understand the process, their rights and their options.

The second edition continues to take each topic in the order in which it arises in the appeal process. It begins with how to obtain advice including funding for advice and assistance legal aid, potential grounds of appeal, lodging, etc. following the process through to the conclusion of the case in the Court of Appeal and beyond with a short section on Appeal to the Supreme Court followed by reference to the Criminal Case Review Commission, then finally: international remedies (ECtHR and UNHRC).

It covers the revised Court of Appeal guide to the procedures that must be followed on appeal. Almost all sentence appeals now relate to appeals that address sentencing guidelines from the Sentencing Council and the Criminal Cases Review Commission have changed the practicality of how they work. Along with clear guidance on these changes the new edition will consider trends that are developing in this area including:
– The duty on fresh representatives to consult trial lawyers
– Court of Appeal guidance on what a “substantial mis-justice” means.

Table of Contents

Part 1: The Law
1. Introduction to the Court of Appeal
2. Applying the Law: recent developments
3. Appeals against Conviction
4. Appeals and 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

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 a Mental Disorder

Appendices

Publishing Details

Publication Date: 29/08/2019
ISBN: 9781526508850
Binding: Paperback
Series: 12
Edition: 2

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