In this issue
Welcome
Lessons to be learnt - Pell v The Queen [2020] HCA 12
Financial Crime Appeals
Appeals against Conviction; England and Wales
Appeals against Sentence; England and Wales
Caribbean Case Summary
Northern Ireland Case Summary
CORONAVIRUS: GUIDANCE REGARDING APPEAL CASES
CORONAVIRUS: GUIDANCE REGARDING APPEAL CASES

 

Supreme Court and Privy Council

The Registries of the Supreme Court and of the JCPC are now operating remotely and the building is closed until further notice. The following link deals with hearings, papers for hearings and filing, orders, time limits (and applications for extension), and urgent applications.

 

https://www.supremecourt.uk/news/registry-update.html

 

Court of Appeal (Criminal Division)

https://mailchi.mp/criminalbar.com/coaljf-205657?e=8228c4ff10

 

Further guidance from Vice President of Court of Appeal (Criminal Division) regarding hearings. Set out in letter to the Criminal Bar Association

 

Appeals to the Crown Court

The material below is extracted with grateful thanks from a Powerpoint prepared by HHJ Lana Wood, Harrow Crown Court, and the Table by HHJ Wood, HHJ Silas Reid and HHJ Jonathan Cooper.

 

An analysis of the legislative changes effected by the Coronavirus Act 2020 insofar as they affect the Crown Court

29 March 2020 edition

 

Wholly audio hearing is permissible if the following condition is met:

Condition A: The proceedings are preliminary or incidental to a criminal appeal to the Crown Court

 

Restrictions:

•The defendant may not take part in the proceedings through a live audio link for the purpose of giving evidence.

•A person (other than the defendant) may not take part in the proceedings through a live audio link for the purpose of giving evidence unless—

•(a) there are no suitable arrangements by means of which that person could give evidence through a live video link, and •(b) the parties agree to that person giving evidence through a live audio link.

 

Wholly video hearing is permissible if the following condition is met

 

Condition A: the proceedings are

 

(a)an appeal to the Crown Court which is an appeal only against sentence, (b)an appeal to the Crown Court arising out of a summary trial— (i) which is an appeal arising out of a summary trial which was itself conducted wholly as video proceedings, and (ii) which the parties agree may be conducted wholly as video proceedings, or (c)preliminary or incidental to any criminal appeal to the Crown Court.

 

Additional restrictions

The following restrictions apply to a wholly video, partial video or attended hearing:

•The defendant may not take part in the proceedings through a live audio link for the purpose of giving evidence.

•A person (other than the defendant) may not take part in the proceedings through a live audio link for the purpose of giving evidence unless— •(a) there are no suitable arrangements by means of which that person could give evidence through a live video link, and •(b) the parties agree to that person giving evidence through a live audio link.