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Court of Appeal Criminal Division
Court of Appeal Criminal Division
A Practitioners' Guide
2nd Edition
Practice Area:  Criminal Law
ISBN:  9780414064737
Published by:  Sweet & Maxwell
Publication Date:  20 Nov 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

The Court of Appeal Criminal Division: A Practitioner’s Guide provides clear and practical guidance to those acting on behalf of defendants, prosecutors or third parties in the CACD. It provides a comprehensive overview of the myriad rights of appeal set out together for the first time. Its clear layout means that busy practitioners can see at a glance the appropriate forms, time limits and powers of the court in relation to all matters that can come before the CACD.

Advocates and solicitors alike will find it invaluable as it traces the progress of a case chronologically from service of the notice of appeal through the leave stage to the full court hearing.

With a knowledge born of practical experience of working in the Criminal Appeal Office, the authors explain areas such as applications for bail, applications to call fresh evidence, third party disclosure, loss of time orders and the requirements for fresh counsel to show due diligence as well as third party rights of appeal in confiscation proceedings.

Easy to follow flowcharts clarify the more complex procedures and annexes provide helpful addresses, telephone numbers and website addresses as well as practical information about facilities and a guide to the forms in use in the Court of Appeal. Chapters on reporting restrictions and funding and costs in the CACD provide much needed guidance in areas not usually dealt with in a volume of this type.

This is a book that no practitioner who appears in the Court of Appeal Criminal Division can afford to be without, whatever their degree of experience in the appellate courts.

ABOUT THE AUTHORS
Alix Beldam and Susan Holdham have extensive experience of criminal law, which coupled with their 36 years in the Criminal Appeal Office give them an unrivalled knowledge of the Court and its procedures. They have spoken at many seminars and conferences about the practice and procedure of the CACD and Alix is a contributing editor to the chapter on Appeal in Archbold. They have been ably assisted in this edition by contributors all of whom either are, or have been, lawyers in Criminal Appeal Office. Alix has recently been appointed Registrar of Criminal Appeals and Susan is a District Judge (Magistrates’ Court).

CONTENTS
Part 1 – History, Constitution, Jurisdiction and Powers
  • Historical Development
  • Jurisdiction and Constitution
  • Powers of the Court

Part 2 – Procedure and Case Management

  • The Registrar of Criminal Appeals
  • Procedure and Case Management: General Principles

Part 3 – Rights of Appeal

  • Appeals Before the Conclusion of the Trial
  • Appeal Against an Order of the Crown Court in the Exercise of its Jurisdiction to Punish for Contempt
  • Appeals Against Conviction and Sentence Under the Criminal Appeal Act 1968
  • Appeals Relating to Mentally Disorder Offenders
  • Appeals Relating to Restraint, Receivership, Confiscation and Similar Orders
  • Attorney General’s References
  • Other Appeals Relating to Sentence or Similar Orders
  • Appeals Against Crown Court Orders in Ancillary Proceedings
  • Application to Quash an Acquittal and for a Retrial Under Part 10 of the Criminal Justice Act 2003
  • Appeals to the Supreme Court

Part 4 – Special Topics

  • Restrictions
  • Human Rights Law in the Court of Appeal Criminal Division
  • The Role of the Criminal Cases Review Commission
  • Funding
  • Costs

Appendices:

  • Offences upon Which the Attorney General Can Refer Unduly Lenient Sentences
  • Offences for Which an Order to Quash an Acquittal and Order a Retrial Can Be Made
  • Useful Addresses and Websites
  • Practical Information
  • Forms
  • Statistics

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