Welcome to the September edition of our monthly Criminal Appeals Bulletin and the launch of our new Hong Kong case summary section.

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 provides an in depth commentary on a current appeal topic.

In this edition Peter Carter QC analyses the CACD’s guidance on the prosecution of a defendant who was a victim of “modern slavery”. I look at recent CACD decisions dealing with post-Jogee appeals based on fresh evidence of autism, effective participation in a trial, duties of appellate advocates, bad character, a deterioration in the relationship between judge and counsel, and mitigating factors in sentence appeals. Tim Moloney QC looks at NICA decisions dealing with trial in the absence of the defendant, and the review of a conviction following trial by judge sitting without a jury. Rebecca Trowler QC reviews the latest decision from the Eastern Caribbean Supreme Court, Court of Appeal on abuse of process (arising from the Saint Vincent general election), and Richard Thomas looks at the grant of leave in 2014 protest cases in the Final Court of Appeal in Hong Kong.

Doughty Street has some of the most experienced appellate practitioners at the Bar, including the authors of the three leading works on appellate procedure. 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 hope that the bulletin is of interest to you. 

Paul Taylor

Head of the DSC Criminal Appeals Unit