Welcome to the February 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 and Hong Kong 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 editionNichola Higgins looks at the landmark judgement from the ECHR in Giem and others v Italy dealing with the imposition of penalties (confiscation) in the absence of a formal finding of guilt or liability.
In this issue we also look at:
- The latest CACD decisions on the evidential burden in section. 55 Data Protection Act 1998; intermediaries and Communicourt’s policy of not accepting bookings limited to D’s evidence only; cumulative grounds of appeal and “lurking doubt”;
- Prosecution appeals relating to dangerous dogs and the exemption for police constables; the test applied by the CACD in appeals against a successful submission of no case; and whether a foldable cut throat razor falls within the exemption of a folding pocket knife.
It is hoped that the Northern Ireland, Hong Kong and Caribbean sections will return next month.
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.
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 or Peter Finkill-Coombs, our Regional Business Development Manager, on 0161 618 1660.
Nichola Higginslooks at the landmark judgement from the ECHR in Giem and others v Italy dealing with the imposition of penalties (confiscation) in the absence of a formal finding of guilt or liability.