Criminal Appeals Handbook

ISBN-13: 9781780434636 / Angielski / Miękka / 2015 / 352 str.

Daniel Jones; Greg Stewart

Opis

Criminal Appeals Handbook provides practical assistance to legal representatives of clients in the UK who are seeking to challenge convictions or sentences in the Court of Appeal and beyond. The book will also be of interest to those convicted, as well as their families, by assisting them to understand the process, their rights, and their options. The process of appealing to the criminal court is an area of law where the practitioner and the layman are in need of practical guidance. The changes that the UK's criminal profession is experiencing are likely to result in an increased need for guidance in this area, especially for solicitor advocates who, unlike chambers-based counsel, have not experienced the Court of Appeal as part of their training. In order to be of maximum practical assistance, the book takes each topic in the order 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. - and will follow the process through to the conclusion of the case in the Court of Appeal. There is then 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). Each chapter is divided into small subsections. The sections concerned with the law begin by stating the law, with the authority and a short explanation, and conclude by citing the other relevant UK case law in the area. Chapters concerned with procedural aspects of the process conclude with a checklist of relevant matters. Guidance on funding each aspect of the appeal process is also included. In a practical, comprehensive, and user-friendly style, the book brings together and restates the law that has been set out elsewhere in various cases, textbooks, guidelines, and practice directions.

Spis treści

Contents 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