Welcome to the April edition of our monthly Criminal Appeals Bulletin.
The Bulletin aims to highlight recent changes in case law and procedure in England and Wales, Northern Ireland, the Caribbean (with an occasional series on appeal cases from Scotland) and to provide practical guidance to those advising on appellate matters. Our monthly case summaries illustrate when an appellate court is likely to interfere with conviction or sentence, as well as looking at the courts’ approach to procedural matters.
The featured article focuses on a current appeal topic. In this edition Liam Walker looks at a number of recent AG references in which the CACD has refused to increase the sentences referred to it.
Also in this edition:
CACD conviction appeals: I look at an appeal based based on fresh evidence of autistic spectrum disorder;
CACD sentence appeals:Farrhat Arshadlooks at the latest AG’s reference on sentences for coercive and controlling behaviour, and an appeal against an “unworkable” SOPO.
Financial Crime Appeals:Joel Bennathan QCcomments on the use of fresh evidence in confiscation proceedings.
Northern Ireland:Maryam Mirreviews recent Northern Ireland cases dealing with the right to anonymity for a child being investigated but not charged, and legal aid when seeking leave to the Supreme Court;
Scotland:Paul Harveylooks at an appeal to the High Court of Justiciary based on a failure to caution and an application to exclude evidence;
Caribbean: I look at a Privy Council decision on the criteria an appellate court should apply when considering a retrial;
Summary of various court guidance on the impact of coronavirus on appellate cases.
Doughty Street has some of the most experienced appellate practitioners at the Bar, including the contributors to the leading works on appellate procedure - The Criminal Appeals Handbook, Taylor on Criminal Appeals, Blackstones Criminal Practice (appeals section), Halsbury’s Laws (Appeals).
Please feel free to e-mail us or to call our crime team on 020 7400 9088. We also offer our instructing solicitors a free Advice Line, where they can discuss initial ideas about possible appeals, at no cost to them or their client. More information on our services can be found on our website.
We are living through challenging times. I hope you and your families keep safe and well.