Criminal Appeals Handbook.

Format:

Book

Author/Creator:

KC, Farrhat Arshad.

Series:

Criminal Practice Series

Language:

English

Subjects (All):

Defense (Criminal procedure)--Great Britain.

Defense (Criminal procedure).

Criminal justice, Administration of--Great Britain.

Criminal justice, Administration of.

Physical Description:

1 online resource (431 pages)

Edition:

3rd ed.

Place of Publication:

London : Bloomsbury Publishing Plc, 2026.

Summary:

A practical guide to appealing from the Crown Court to the Court of Appeal and beyond, designed to assist those who seek to challenge a conviction or sentence that was imposed by the Crown Court, with guidance on each stage of the appeal process.

Contents:

Cover Page

Half Title

Title

Copyright

Foreword

Preface

Acknowledgements

Contents

Table of Statutes

Table of Statutory Instruments

Table of Cases

Part 1: The Law

1 Introduction to the Court of Appeal

Introduction

The development of the Court of Appeal

The current statutory regime

Procedural rules and guidance

The judges of the Court of Appeal

The Registrar of Criminal Appeals and the Criminal Appeals Office

Where and when the Court sits

Communicating with the Court

Summary of key points

2 Applying the law: recent developments

Stare decisis and the Court of Appeal

Judgments of the European Court of Human Rights

European Union law and international law

3 Appeals against conviction

The meaning of 'unsafe'

The Court's approach to common issues

The Court's powers

4 Appeals against sentence

Appeal against sentence on indictment and for cases sent from the Magistrates' Court

The principles: general

Rights of appeal: confiscation orders and other orders under the asset recovery legislation

Principles: confiscation

Powers of the Court: confiscation

Prosecution rights of appeal in confiscation cases

Part 2: The Appeal Process

5 Defence investigations

What are defence investigations and who may carry them out?

The ethics of defence investigation

The techniques of investigation

Co-operating with other investigatory bodies

6 Applying for leave to appeal

Advice on appeal

Trial judge's certificate

The grounds of appeal

Fresh and amended grounds procedure

Particular issues

New arguments

Fresh evidence

Change in law appeals.

Citation of authorities

Other documents to be lodged in support of the application

Other applications which may be made along with the application for leave

Lodging the grounds - direct lodgement

Steps before the case is sent to the single judge

Decision of the single judge

Renewing an application for leave

Abandoning an application for leave

Skeleton arguments

The bundle

The hearing

7 Preparing for hearings in the Court of Appeal

Preparing for the hearing

Listing the hearing

Applications at the conclusion of the case

8 Public funding and pro bono assistance

Work under a Crown Court and Court of Appeal Representation Order

Claiming for work done in the Court of Appeal

Funding under the 2025 Standard Criminal Contract (SCC)

Pre-conditions - financial eligibility (means)

Practical issues

Specific applications for funding

Alternative sources of advice and assistance

Part 3: Applications from the Court of Appeal

9 The Criminal Cases Review Commission

The establishment and role of the Criminal Cases Review Commission

The CCRC's power to refer to the Court of Appeal

The test for referral

Applying to the CCRC for a referral

The decision-making process

Challenging a refusal to make a reference

The procedure following a reference being made to the Court of Appeal

An overview of the CCRC's investigatory powers

CCRC investigations at the direction of the Court of Appeal

Too high a test?

10 Appealing to the Supreme Court

The types of cases for which leave is given

Applying for leave

Preparing the case following leave

Hearings

Summary of key points.

11 Applications to the European Court of Human Rights

Whether to apply

Applying to the ECtHR

The consequences of a successful outcome

Part 4: Other Rights of Appeal

12 Appeals against interlocutory rulings

Appeals against rulings made at preparatory hearings in serious or complex fraud cases

Appeals under section 35 of the Criminal Procedure and Investigations Act 1996

Appeals against a ruling that a case should be tried by a judge and not a jury when there is a risk of jury tampering

Appeals against a decision to order a trial without a jury where jury tampering has taken place

Ruling that a judge should try certain counts alone following conviction by a jury on sample counts

13 Responding to prosecution appeals

The prosecution's rights of appeal

Prosecution appeals against rulings under section 58 of CJA 2003

Attorney-General's Sentence References

14 Appeals in relation to defendants suffering from a mental disorder

Conviction and sentencing cases - where incapacity was overlooked or misdiagnosed

Appealing findings of incapacity

Appeals against a verdict of not guilty by reason of insanity

15 Special cases

1 Women, caring responsibilities and pregnancy

Sentencing guidelines

Women as offenders

Caring responsibilities

Pregnancy

Preparation for appeal

2 Children and young people

Children and young people

Key principles

Difficulties affecting children and young people

The success of the Crime and Disorder Act 1998 (CDA 1998)

Chronological age and immaturity

Sentencing guidance.

Sentencing Council Guide to Sentencing Children and Young People

Murder and the relevant starting points

Assessing whether to appeal the sentence

Remand time

Assessing whether to appeal a conviction - Article 6 and effective participation

3 Modern slavery

The modern slavery defence

4 Protest

Section 3 of the Criminal Law Act 1967 (prevention of crime)

Section 5(2)(a) and (b) of the Criminal Damage Act 1971

Necessity

Appendices

A A Guide to Proceedings in the Court of Appeal, Criminal Division

B Sample Pleadings

C Court of Appeal Bill of Costs

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

1-5265-3226-3

OCLC:

1590082074