In this issue
Welcome
Chess Games with Whole Lifers
Criticism of Trial Lawyers as a Ground of Appeal
The Court of Appeal and Loss of Control
"In Camera" material before the European Court of Human Rights
New You Tube Channel for Doughty Street Chambers
New Criminal Appeals Handbook Published
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If you would like to know more, or discuss how our barristers may be able to help you and your clients, please contact Maurice MacSweeney, our Business Development Director, on 020 7404 1313. 

    

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Feature Articles
Chess Games with Whole Lifers

Since 2012 a tension has built up between the Court of Appeal and the European Court of Human Rights on the issue of whole life terms for prisoners.  Katy Thorne sets out some of the latest developments, and previews the important UK case of Hutchinson, in which members of Chambers are instructed, and which has been referred for a full hearing before the Grand Chamber.  

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Criticism of Trial Lawyers as a Ground of Appeal

In the last edition of the Bulletin, Paul Taylor looked at fresh evidence as a ground of appeal. In the second of his regular features, he sets out the key case law and practical tips for newly instructed solicitors considering an appeal based on criticism of the trial lawyers.  The Court has set a high threshold for this ground to succeed. Members of Chambers have extensive experience in advising on and arguing this ground.

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The Court of Appeal and Loss of Control

October 2010 saw the disappearance of the common law partial defence to murder of provocation, to be replaced with "loss of control".  The Court of Appeal has recently considered this new statutory defence, but as Joel Bennathan QC points out, the Court will need to be more helpful in future cases on this point.

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"In Camera" material before the European Court of Human Rights

Another case which will explore the tensions between the England and Wales courts and the European Court of Human Rights is the application by Wang Yam, convicted of murder during a re-trial in which much of the case was heard in camera, who now appeals to Strasbourg on the basis that his trial breached his Article 6 rights. Kirsty Brimelow QC is involved in the case, and sets out some more detail.

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In Other News...
New You Tube Channel for Doughty Street Chambers

We are pleased to announce the launch of the Doughty Street Chambers You Tube channel which will be used to host short videos and training updates for our solicitor clients and colleagues.  This first video is aimed at assisting solicitors and case workers who are advising on an appeal against a criminal conviction.    It provides an overview of how to identify potential grounds of appeal (criticism of trial lawyers, fresh evidence and errors in the summing up), and gives practical guidance on how to prepare the case. The accompanying powerpoint presentation can be downloaded by clicking here.


Advising on Potential Criminal Appeals

New Criminal Appeals Handbook Published

Joel Bennathan QC has co-authored the new Criminal Appeals Handbook published by Bloomsbury, which was launched at a reception at Doughty Street on 28th May.  Co-authored by Greg Stewart of GT Stewart Solicitors and Daniel Jones, a barrister, the Handbook provides practical assistance to legal representatives of clients who are seeking to challenge convictions or sentences in the Court of Appeal and beyond.  It will also be of interest to those convicted and their families by assisting them to understand the process, their rights and their options.

It addresses how to obtain advice including funding for advice and assistance legal aid, potential grounds of appeal, lodging, etc. and follows the process through to the conclusion of the case in the Court of Appeal.  The book also includes a  section on Appeal to the Supreme Court followed by reference to the Criminal Case Review Commission, then finally international remedies (ECtHR and UNHRC). 



This new publication aims, above all, to be a practical and user-friendly companion for navigating the increasingly complex field of criminal appeals. Priced at £50, it will also suit the budget of most with an interest in this area.  It can be ordered from the publishers by clicking here.  

 

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