Court of Appeal (Criminal Division) judgments, 2007

Section 111A(1A) of the Social Security Administration Act 1992 requires proof of a relevant change of circumstances which the recipient dishonestly failed…

On an application to quash an acquittal, the court must dismiss the application unless the statutory conditions for a retrial are met. Under section 78 of the…

In large-scale commercial cannabis cultivation, sentence must reflect the offender’s role in the operation, the scale and value of the crop, and the need for…

In confiscation proceedings involving a criminal lifestyle, the statutory assumptions under Proceeds of Crime Act 2002 section 10 must be made unless the…

For imprisonment for public protection under the Criminal Justice Act 2003, the court must identify a significant risk that the offender’s further specified…

For sentencing purposes, the purity of opium concerns whether the consignment has been adulterated. It does not refer to the naturally variable proportion of…

Under section 28(3) of the Misuse of Drugs Act 1971, the defendant bears an evidential, rather than legal, burden when relying on absence of knowledge or…

A statutory prohibition on using restrained property for legal expenses relating to an investigated offence is compatible with Article 1 of the First Protocol…

A sentencing court must apply the domestic statutory scheme governing false identity documents and refugee defences. A wider international treaty obligation…

Under Youth Justice and Criminal Evidence Act 1999, section 41 may be read broadly enough to protect the accused’s right to a fair trial where a prosecution…

Where allegations of prior misconduct are admitted as bad-character evidence, the jury must receive a direction tailored to their permitted use. The judge…

For offences under sections 2 and 3 of the Health and Safety at Work Act 1974, the prosecution must prove that the defendant owed the relevant duty and that…

A police interview is a mixed statement only if it contains an admission of fact significant to an issue of guilt and capable of adding weight to the…

A sentence of imprisonment for public protection under the Criminal Justice Act 2003 requires a properly established significant risk that future specified…

When fixing the notional determinate sentence for an indeterminate sentence, the court must reflect the full culpability and harm of the offending. A sentence…

On a review of a mandatory life sentence, Criminal Justice Act 2003 Schedule 22 prevents the court from requiring service of a period greater than the notified…

An appeal based on allegedly inconsistent jury verdicts succeeds only where the appellant shows both a real inconsistency and that no legitimate train of…

A computer user may make an indecent photograph of a child when an image is automatically copied to the computer's hard drive while the user browses the…

Where a constable exercises a search power to which section 2 of the Police and Criminal Evidence Act 1984 applies, the statutory safeguards must be performed…

For statutory hearsay, the decisive question is the apparent purpose of the speaker. Words spoken solely to discover the availability and price of drugs do not…

In a prosecution appeal, an appellate court may reverse a ruling only on the statutory grounds and must not substitute its own assessment merely because it…

Where a community order is revoked and the offender is resentenced under Criminal Justice Act 2003, Schedule 8, paragraph 10(1)(b), the sentencing court must…

Where sentences for possession of a bladed article and threatening behaviour arise from one and the same incident, they should run concurrently. Consecutive…

A trial judge must leave an alternative verdict only where it is obvious and viable on the evidence. The mere fact that a defendant admits lesser criminal…

A criminal compensation order should be confined to cases in which the relevant legal and factual position is clear and straightforward. It is unsuitable where…

A discretionary life sentence requires offences sufficiently grave to warrant a very long sentence and good grounds for believing that the offender will remain…

A discretionary life sentence remains confined to the very limited category of cases which would have warranted it before the dangerous-offender provisions of…

Evidence of prior uncharged violent conduct may constitute misconduct and be admissible as bad-character evidence where it is relevant to an important matter…

Legal professional privilege is not waived across an entire file merely because a solicitor has made assertions or disclosed documents. The court must identify…

Fresh evidence will not render a conviction unsafe merely because it permits a further challenge to a witness’s credibility. The court must assess the evidence…

At the close of the prosecution case, an adverse inference necessary to prove an element of an offence may be left to the jury only if a reasonable jury…

For soliciting to murder, the sentencing starting point after a contested trial remains five to six years’ imprisonment. Sentencing should not be inflated by…

Under Criminal Appeal Act 1968, section 23, fresh evidence may be received only where it is necessary or expedient in the interests of justice. The court must…

Where fresh evidence materially affects the credibility of a complainant whose account was central to a conviction, the conviction cannot be treated as safe…

For the unavailable-witness gateway in section 116(2)(d), Criminal Justice Act 2003, reasonable practicable steps require timely and active contact. A…

A fine for a health and safety offence must be proportionate to the offender’s culpability, assessed with the relevant aggravating and mitigating…

When fixing the minimum term for an indeterminate sentence, the court must first identify an appropriate notional determinate sentence. That assessment must…

In an exceptional and probably unique sentencing case, the Court of Appeal may allow an appeal as an act of mercy and substitute a community order for a…

Compliance with a police identification code does not itself make a witness’s out-of-court statement admissible as hearsay under section 114(1)(a) of the…

A trial in a defendant’s absence is lawful only where the court is sure that the defendant has deliberately absented himself from the trial and that no…

When a suspended sentence is activated, remand custody attributable to the original offence must be credited under section 240 of the Criminal Justice Act…

For an offence under section 16 of the Firearms Act 1968, the prosecution need not prove an immediate or unconditional intention to endanger life. It is enough…

A diary written without any purpose of causing another person to believe or act on its contents is not hearsay within section 115 of the Criminal Justice Act…

In an appeal founded on identification evidence, the adequacy of a Turnbull direction depends on the summing-up as a whole. The jury must be warned of the risk…

A sentence of detention for public protection requires a sound evaluation that the offender presents a significant risk to members of the public of serious…

In a criminal-lifestyle confiscation, a mortgage advance obtained by the defendant may be property transferred to him even if the lender pays the vendor…

A terminating ruling may be made only where there is no evidence on which a reasonable jury could draw the relevant inference. Where evidence could support an…

For offences concerning criminal property under Proceeds of Crime Act 2002, the prosecution need prove that the property was a benefit from criminal conduct.…

A confiscation order made under Criminal Justice Act 1988 is an order to pay money, measured under the statutory scheme, and is not an order confiscating a…

Where fresh expert evidence shows that forensic evidence presented as supporting the prosecution was in fact neutral, the appellate court must assess whether…

A guilty plea does not prevent an appeal against conviction where the agreed facts disclose no offence in law and the plea was not material to proving disputed…

In a visual-identification case, a trial judge need not rehearse every defence argument. The judge must, however, fairly and coherently place before the jury…

An extended sentence under Criminal Justice Act 2003, section 227, may be imposed for a specified but non-serious offence where there is a significant risk of…

In a conspiracy case, records created by conspirators may be admitted against another alleged conspirator where they were made in furtherance of the common…

A restriction order under section 41 of the Mental Health Act 1983 requires more than a high risk of further offending, including violent offending. There must…

Sentences for notification offences which constitute a single incident should ordinarily run concurrently. A court should depart from that general principle…

On breach of a community requirement attached to a suspended sentence order, the court’s powers are confined by paragraph 8 of Schedule 12 to the Criminal…

For the purposes of section 76(4) of the Proceeds of Crime Act 2002, a person obtains property if, knowing it is stolen, he collects and takes possession of it…

A sentencing court should not reduce an otherwise proper custodial term merely because it triggers a more onerous statutory notification regime. Notification…

The substitution of the definition of “sexual offence” by the Sexual Offences Act 2003 did not impliedly remove the protection in section 41 of the Youth…

Evidence falls outside the statutory bad-character regime where it directly concerns the alleged offence. This includes evidence that would have been…

In sentencing for multiple connected firearms offences, the decisive question is whether the total sentence properly reflects the offender’s overall…

Where an offender breaches a Crown Court suspended sentence by committing a further offence, paragraph 8(6) of Schedule 12 to the Criminal Justice Act 2003 is…

In sentencing fraud by misleading statements to investors, the court should assess the amount involved, the manner and duration of the fraud, the offender’s…

Where an applicant for leave to appeal sentence raises a potentially important sentencing issue that cannot properly be examined at an initial hearing without…

A conviction is unsafe where material withheld through a failure of prosecution disclosure is clearly relevant to a significant basis on which the prosecution…

An imprisonment for public protection sentence under Criminal Justice Act 2003 section 225 cannot be imposed unless the offence is a serious offence within…

A juror’s status as a serving police officer does not itself prevent jury service. However, where a juror personally knows witnesses who will give oral…

For the purposes of Crime and Disorder Act 1998, section 28(1)(a), the relevant question is whether racial hostility was demonstrated at the time of the…

A conviction is unsafe where defects in the conduct of a criminal trial deprive the jury of a fair opportunity to reach a rational verdict. Delay, fragmented…

When fixing the minimum term for imprisonment for public protection, the sentencing court must reflect the total criminality of all offences being sentenced.…

A wasted costs order under section 19A of the Prosecution of Offences Act 1985 requires a fair procedure. The court must determine whether the statutory power…

A sentencing court may impose a suspended custodial sentence for Class A drug supply where the offending is modest in scale and there is a genuine, evidenced…

Under section 23 of the Criminal Appeal Act 1968, the absence of a reasonable explanation for not adducing evidence at trial does not prevent its admission on…

Under the Serious Organised Crime and Police Act 2005, sentencing credit for assistance remains fact-specific. The court must first assess the sentence…

Under Sexual Offences Act 2003 s 53(1), control of prostitution-related activities is not confined to force, coercion or total domination. It is sufficient…

Where a sentencing judge has failed to consider the statutory dangerousness provisions, the Court of Appeal may, on an Attorney General’s reference, make that…

A defendant’s right to a fair trial and competent representation does not permit manipulation of the trial process. A judge may refuse an adjournment which…

A conditional discharge is inappropriate where its potential for further punishment would expose an offender to punishment for the original offence beyond the…

Fresh evidence may render convictions unsafe where it establishes that a central complainant had a proved tendency to fabricate allegations of sexual crime.…

Under Asylum and Immigration (Treatment of Claimants, etc) Act 2004, the reasonable-excuse defence available after entry is not confined to a person who has…

The privilege against self-incrimination protects a witness only where a compelled answer creates a real and appreciable danger of incrimination, or materially…

A person released on bail must surrender at the exact time and place appointed. Bail Act 1976 section 6(1) permits a defence of reasonable cause, but it…

In choosing between a life sentence and a hospital order with an unrestricted restriction order, public protection remains crucial. A court must give…

For an aggravated dangerous-dog offence causing injury, sentence must reflect the seriousness of the consequences as well as the offender’s intention. The…

Under Criminal Justice Act 1988 section 71, the assessment of benefit must be kept distinct from the assessment of realisable assets at the date of a…

Importing heroin into a prison for onward circulation is a very serious offence. The seriousness is increased where the offender obtains access by purporting…

Unexplained unlawful possession of multiple lethal firearms, destructive ammunition and associated equipment warrants severe deterrent sentences, even where no…

For all purposes of the Firearms Act 1968, the statutory definition of a firearm includes every prohibited weapon, whether or not it is a lethal barrelled…

A sentencing court should not formulate a rigid rule for correcting disparity between co-offenders’ sentences. It must assess, with flexibility and sensitivity…

Bad-character evidence is admissible under Criminal Justice Act 2003 section 101(1)(d) only after a case-specific assessment of its relevance to an important…

Where the dangerousness condition in section 225 of the Criminal Justice Act 2003 is made out, an imprisonment for public protection sentence is required…

A prosecution appeal under section 58 of the Criminal Justice Act 2003 may extend to a case-management refusal to adjourn. The statutory definition of a ruling…

In sentencing for causing death by dangerous driving, the Cooksley and R v Richardson [2006] EWCA Crim 3186 categories provide starting points rather than a…

A conviction is unsafe where clear post-trial medical evidence casts doubt on expert evidence which the trial judge identified as exceptionally powerful…

Under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000, a judge imposing a discretionary life sentence should specify a minimum term unless…

A hearing under section 4A of the Criminal Procedure (Insanity) Act 1964 must, so far as fact-finding is concerned, mirror a criminal trial. The jury must…

Deliberate and knowing unauthorised recording of court proceedings is a contempt under Contempt of Court Act 1981. Its seriousness depends on the recorder’s…

A trial judge may direct that a trial proceed in a defendant’s absence where repeated adjournments and the circumstances of the absence justify the conclusion…

Sentencing for a professional and organised conspiracy to commit commercial burglary must reflect its scale, high-value targets, use of stolen vehicles, damage…

A minimum term under a sentence of detention for public protection is the earliest point at which the Parole Board may consider release. It does not determine…

A community order with liberty-restricting requirements is a form of punishment. It should not be imposed as a substantial further punishment where time spent…

Where extremely serious injury is recklessly caused by dangerous driving, the Crown may lawfully charge an offence under Offences Against the Person Act 1861…

Where a defendant is charged on alternative counts, the jury should give its verdict on the greater count before any verdict on the lesser count. A defendant…

Under Criminal Justice Act 2003 Schedule 21, the 15-year starting point for murder already assumes an intent to kill. That intention cannot therefore, by…

A compensation order is part of sentence. Where an offender is sentenced on an agreed basis of plea, the order must be assessed on that basis. Under section…

For possession of a false identity document used to obtain work in breach of immigration conditions, an immediate custodial sentence will ordinarily be…

For sentencing under section 25 of the Identity Cards Act 2006, the court must distinguish simple possession of a false identity document from possession with…

A whole life order under Criminal Justice Act 2003, Schedule 21 is reserved for offending whose seriousness is exceptionally high. The sentencing exercise is…

In a prosecution for failing to comply with a planning enforcement notice, a defendant cannot rely on a Certificate of Lawful Use as a defence where it could…

The common-law offence of outraging public decency requires both an act which, judged by contemporary standards, is lewd, obscene or disgusting enough to…

An extended sentence for a specified sexual offence must not exceed the maximum custodial term permitted for that offence. A sentence exceeding that limit is…

A sentencing judge must address an agreed basis of plea. If the sentence proceeds on a factual premise that wholly rejects an essential part of that basis, the…

An offence under section 5 of the Firearms Act 1968 is one of absolute liability as to the prohibited character of the weapon. The prosecution must prove…

A restraint order sought without notice requires full and complete disclosure of all material matters. A material non-disclosure may justify discharge, but it…

For the common-law offence of escape from lawful custody, custody requires a person’s immediate freedom of movement to be under the direct control or charge of…

Evidence admitted through gateway G in section 101(1)(g) of the Criminal Justice Act 2003 need not show either a propensity to commit the charged offence or a…

A jury direction on consent and reasonable belief in consent must be read as a whole. An infelicitous passage referring to the evidential presumption arising…

Under the former statutory time limit, a distinct count of indecent assault based solely on sexual intercourse with a girl under 16 could not be instituted…

A failure to give the written notice required by section 6(2) of the Immigration Act 1971 does not automatically invalidate a criminal court’s recommendation…

The statutory special-measures scheme in the Youth Justice and Criminal Evidence Act 1999 was complete. Before the later statutory amendment, it gave no…

An asserted claim to legal professional privilege does not make a trial unfair where the accused can present the substance of the defence and suffers no…

Section 4(2) of the Contempt of Court Act 1981 permits a temporary postponement needed to avoid substantial prejudice to the administration of justice in the…

Article 6 does not impose an absolute bar on hearsay from a witness whom the accused cannot cross-examine, even where it is sole or decisive evidence. The…

Evidence of a defendant’s bad character must be analysed under the statutory code in the Criminal Justice Act 2003, rather than by applying abolished…

Legal professional privilege is waived where a solicitor, in the client’s presence and acting within authority, states both that the client will remain silent…

A co-accused’s guilty plea is admissible under section 74 of the Police and Criminal Evidence Act 1984 as evidence that the co-accused committed the offence.…

Where serious physical injury is caused in the course of a robbery, the offence may fall within the most serious relevant sentencing category even if the…

For statutory conspiracy to commit money-laundering offences, the mental element is not imported from the substantive offence. The prosecution must prove…

For an offence of possessing criminal property based on suspicion, sentencing may be informed by comparison with handling stolen goods. Relevant aggravating…

A disputed written statement from an absent essential witness should be admitted under sections 23 and 26 of the Criminal Justice Act 1988 only in truly…

When imposing imprisonment for public protection on an offender already serving a determinate sentence, the court should ordinarily make the sentences…

A trial judge should ordinarily leave an obvious lesser included offence to the jury where evidence supports it, regardless of the parties’ wishes. The duty is…

A secondary party who has effectively withdrawn from a joint enterprise to use violence may remain liable for the consequences of injuries inflicted before…

On an appeal against conviction founded on alleged fresh evidence, the appellate court must assess whether the evidence is credible. Evidence said to establish…

Forgery of a will intended to obtain an estate will ordinarily justify immediate custody. The exceptional circumstances capable of avoiding custody were absent…

A witness’s out-of-court statement may be admitted because of fear under section 116(2)(e) of the Criminal Justice Act 2003 only where admission serves the…

For a series of commercial robberies, sentencing guidance for an individual robbery provides only a starting point. The court must impose a total sentence that…

For the common-law offence of outraging public decency, the prosecution must establish that the act was capable of being seen by more than one person. It need…

In appeals arising from controlled heroin deliveries, departure from a paradigm delivery is not a legal checklist or a conclusive defect. It may create…

Where allegations on separate counts are cross-admissible as bad-character evidence, the jury must receive a clear warning about both dishonest collusion and…

In sentencing a corporate offender for a strict-liability environmental offence, the health-and-safety sentencing principles remain helpful. There is no tariff…

When fixing a minimum term for murder, the sentencing court must give proper weight to all material aggravating and mitigating features. A defendant’s…

Where several substantive offences are tried together, evidence linking a defendant to one count may technically be evidence of bad character when used on…

Under Criminal Justice Act 1988 section 71(4), an offender obtains property where the criminal conduct materially contributes to its acquisition. The offender…

Sentencing for manslaughter caused by supplying a dangerous Class A drug calls for an assessment of the particular criminality and mitigation, rather than a…

A sentencing court must assess an offender’s culpability on the accepted basis of plea and the offender’s own conduct. It must not allow the more serious…

An advance indication of sentence may be given where the charge is a specified offence, but it cannot displace mandatory dangerous-offender sentencing…

A conviction is unsafe where a fair-minded and informed observer would conclude that there was a real possibility that a juror was biased. Employment in the…

A sentence of imprisonment for public protection for a serious sexual offence requires evidence of a significant risk that the offender will commit further…

Investigative deficiencies justify a stay for abuse of process only where they cause serious, irreparable prejudice such that a fair trial cannot take place.…

A robbery committed by a group in a victim’s home, involving threats, a weapon and violence, must be sentenced as a serious home robbery. It should not be…

Sentencing for sustained counterfeiting and false trade mark offences should ordinarily include a deterrent element. Such offending dishonestly exploits trade…

Ram-raiding is an exceptionally serious form of commercial burglary. A single offence may justify a starting point of, or approaching, seven years’…

For neglect under section 37(1) of the Health and Safety at Work Act 1974, actual knowledge of the facts giving rise to the company’s breach is not an…

The conclusive presumptions in section 76 of the Sexual Offences Act 2003 require strict construction. In a rape case, deception as to the nature or purpose of…

Trafficking for sexual exploitation is serious offending even where the persons recruited agreed to work as prostitutes and the offender did not control the…

In a joint criminal trial, a relevant and voluntary earlier guilty plea or written basis of plea may be admitted at a co-accused’s request under Police &…

A complainant’s inability to recall whether she consented, or to identify a verbal refusal at the moment of penetration, does not itself require a rape charge…

For the insanity defence under the M'Naghten Rules, a defendant who knew that the act was contrary to law knew that it was “wrong”. A belief that the act was…

A driving disqualification may properly accompany imprisonment for repeated offences of depositing controlled waste without a waste-management licence. Its…

Where an offender crosses an age threshold between offending and sentence, the sentence likely to have been imposed at the date of the offence is a powerful…

A community-based sentence may be plainly unduly lenient for a young offender who deliberately starts a fire while reckless as to danger to life, where the…

Serious and professionally organised cannabis production for profit calls for substantial deterrent custodial sentences. In such offending, personal mitigation…

In sentencing for a serious firearms-transfer conspiracy, the court may properly reflect the professional nature of the enterprise, the quantity and condition…

Section 1(1) of the Infanticide Act 1938 creates a distinct, lower-grade offence. A conviction does not require proof of all the ingredients of murder…

A sentence for intentional wounding with a knife must properly reflect the gravity of an unprovoked public attack, the weapon used, the area targeted, any…

Evidence may be relevant even though it could not itself have influenced an accused at the time of earlier conduct. It is admissible if it independently…

A confiscation order founded on hidden assets will not be disturbed where the trial judge was entitled, on the evidence, to reject the offender’s account of…

When deciding whether a sentence for causing death by dangerous driving should be suspended, the court should apply the guidance in Cooksley. Exceptional…

Where an offender is sentenced for bail offences as well as the substantive offence, the bail offences should ordinarily be punished by consecutive sentences.…

On an appeal based on fresh evidence, the court must decide for itself whether the conviction is unsafe after evaluating that evidence in the context of the…

A Court-Martial is not required to impose the statutory minimum custodial sentence prescribed for civilian firearms offenders. The civilian minimum remains a…

Where the statutory assumption of dangerousness under the Criminal Justice Act 2003 applies, it is displaced only if, in all the circumstances, it would be…

A sentencing court may impose consecutive terms for separate serious drug conspiracies where this is required to reflect the offender’s total criminality. The…

Once evidence of a defendant’s bad character has been admitted through a statutory gateway, the jury may use it in any respect in which it is relevant. The…

For sexual activity in the presence of a child, sentence must reflect the seriousness of the conduct and relevant aggravating features. A breach of trust and…

In sentencing an unassisted escape from custody motivated by personal pressure, the appropriate sentence will ordinarily be measured in months rather than…

In sentencing for perverting the course of justice, a deliberate and persistent deception of the police may require immediate custody despite previous good…

A previous inconsistent statement may satisfy the statutory conditions for admissibility, but it must not be used as the basis for conviction where overall…

A home robbery of lower violence which falls below the guideline range for violent personal robberies in the home is not to be treated as a street or…

Fresh psychiatric evidence advanced after conviction will be admitted only exceptionally. The court must scrutinise its reliability and decide whether it casts…

For hearsay to be admitted in the interests of justice under section 114 of the Criminal Justice Act 2003, the court must assess each hearsay statement…

Individual appellate sentencing decisions in comparable dangerous-driving cases must be given proper weight, even though they are not guideline cases and each…

A criminal summing-up remains fair where the judge gives measured common-sense assistance on why a child who has been abused may delay reporting it. The judge…

For the criminal notification offences in the Social Security Administration Act 1992, a change of circumstances affects entitlement only if it changes the…

When sentencing a corporate offender for a health and safety offence, the court must impose a fine that is a fitting expression of censure and encourages…

In assessing benefit under the Proceeds of Crime Act 2002, property obtained through criminal conduct is valued gross. The cost of acquiring it, including an…

A defendant who deliberately absents himself, knowing that the trial will proceed and that an additional count is to be added, may waive the right to be…

A summing-up is assessed as a whole. The judge must fairly reflect the case for and against each defendant, but is not required to repeat every defence…

Where confiscation proceedings are properly triggered under Proceeds of Crime Act 2002, the Crown Court must make a confiscation order once benefit and the…

A sentence of detention under Powers of Criminal Courts (Sentencing) Act 2000, section 91, may be appropriate for a very young offender whose repeated, similar…

A trial judge should give timely notice if, contrary to the parties’ shared understanding, he proposes to leave admissible evidence for the jury’s assessment.…

For the dangerousness assessment required for a public-protection sentence, information under section 229 of the Criminal Justice Act 2003 is not confined to…

Blackmail may be a continuing offence. It continues while the demand remains and the menaces have not been withdrawn, even if its ingredients were complete…

Deliberate and persistent lies which divert a murder investigation, and may expose innocent people to suspicion, properly attract an immediate custodial…

A persistent knife attack on a lone police officer performing his duty is an offence of particular gravity. The absence of serious injury may reflect good…

In section 5(1) of the Domestic Violence, Crime and Victims Act 2004, “significant” has its ordinary English meaning. It should not be judicially defined as…

Under Drug Trafficking Act 1994, proceeds of drug trafficking are gross receipts rather than profit. The statutory assumptions assist the identification of…

In a long or complex criminal trial, a summing up must properly equip the jury to decide the issues. The judge should identify the material issues, relate the…

Where the offence that resulted in the original custodial sentence was committed before 4 April 2005, section 116 of the Powers of Criminal Courts (Sentencing)…

Evidence of other misconduct which merely assists to prove identity is evidence of bad character unless it has a sufficient factual and temporal nexus with the…

On an appeal against sentence for causing death by dangerous driving, the appellate court will interfere only where the sentence was wrong in principle or…

Where hearsay is tendered in the interests of justice, the trial judge must personally assess the apparent reliability of its maker. That issue cannot be left…

Kidnapping is an offence against personal liberty. It requires a taking or carrying away which entails a deprivation of liberty, as well as the other…

A life sentence for a dangerous sexual offender may be justified where the offence, risk assessments and psychiatric evidence establish a significant…

On a reference under section 36 of the Criminal Justice Act 1988, the Court of Appeal will interfere only where the sentence is significantly too low and falls…

For sustained employee theft involving a serious breach of trust and substantial loss, immediate custody may remain appropriate despite the severe effect on an…

Where a Crown accomplice gives materially expanded evidence against an accused after earlier accounts omitted that implication, and the evidence is…

A driving disqualification must be proportionate to the dangerous driving and the offender’s circumstances. A lengthy period may be excessive where the offence…

On an Attorney General sentencing reference, the court retains a discretion not to interfere even where the original sentence was extremely lenient. Robbery…

An out-of-court statement is not hearsay where it is tendered to prove that it was made, rather than the truth of its factual assertions. It may therefore be…

A discretionary life sentence may be imposed for a very serious offence where there are good grounds for believing that the offender will remain a serious…

The prosecution’s initial disclosure duty is fulfilled where it discloses all material in its possession relating to the relevant interview. That duty does…

A conviction is unsafe where improperly obtained evidence implicating the accused was admitted, subsequently disclosed police misconduct would have undermined…

A person who repeatedly supplies disguised stolen vehicles knowing that they will enable armed robberies is guilty of conspiracy to rob, but sentence must…

An offence under section 8 of the Sexual Offences Act 2003 may be committed by directly inciting children under 13 to engage in sexual activity without…

Reckless arson directed at a dwelling at night, creating a real risk to sleeping occupants, is an offence of the utmost seriousness for which an immediate…

There is no fixed period after which a psychiatric report cannot support a hospital order under the Mental Health Act 1983. Whether earlier medical evidence…

Where co-offenders of substantially equal culpability commit a murder together, different Criminal Justice Act 2003 Schedule 21 starting points arising solely…

For arson with intent to endanger life, the ordinary sentencing starting point will generally fall within an eight-to-ten-year range. Sentencing remains…

For sentencing offences involving an imitation firearm, the court should assess the nature of the weapon, how it was used, the offender’s intention, and the…

An appellate court should reduce a sentence which is manifestly excessive when measured against the gravity and pattern of offending, including proper credit…

On an appeal against conviction, the question is whether, having considered all the evidence, a properly directed jury could safely be sure of guilt. It is…

Where unlawfulness is an element of false imprisonment, a defendant may rely on an honestly held but mistaken belief. The defendant is assessed against the…

A discretionary life sentence may be imposed for an exceptionally grave offence where the offender presents a continuing danger for an indeterminate period. A…

For an offender who repeatedly and deliberately breaches sex-offender notification requirements, persistent defiance of court orders can justify a custodial…

In sentencing for large-scale controlled-drug conspiracies, the pure weight of the drugs is the critical comparator. Street value is not decisive because it is…

A default term for non-payment of a confiscation order must not be fixed by simple arithmetic based only on the amount ordered. The sentencing court must…

When deciding under section 82 A(4) whether a life-sentence prisoner should receive no specified minimum period, the court must assess the seriousness of the…

An immediate custodial sentence may be justified for persistent harassment and repeated breaches of protective court orders, even where the offender is…

An imprisonment for public protection sentence requires a reasonable conclusion that the offender poses a significant risk to the public of serious harm from…

A court will ordinarily not investigate or go behind verdicts apparently returned in open court. An exception may arise where an immediate and credible report…

The rule against double jeopardy is a plea in bar only where both the earlier and later proceedings are criminal. A non-criminal determination, including one…

Under the Criminal Procedure and Investigations Act 1996, a preparatory-hearing ruling normally governs the trial, but the trial judge may vary or discharge it…

A witness may be absent through fear for the purposes of section 116(2)(d) of the Criminal Justice Act 2003 even where avoiding the trauma of giving evidence…

The notice requirements for road-traffic offences are procedural safeguards, not elements of the substantive offence. In Crown Court proceedings, the judge…

Where the statutory assumption of dangerousness applies, the court must assess all relevant information before deciding whether it is unreasonable to find a…

A sentence of detention for public protection requires the statutory threshold of a significant risk of serious harm to be met. The assessment is for the…

Where the prosecution relies on recognition evidence, the jury must receive a direction tailored to the particular means of recognition and its weaknesses.…

For a sentence for unlawful wounding, the court must distinguish the lesser intent required for a section 20 offence from the intent required for a section 18…

A Crown Court must determine a confiscation application under the statutory scheme once the conditions for proceeding are met. It cannot decline to deploy the…

A judge may intervene during cross-examination to clarify the evidence and establish its true context. There is no fixed rule governing the timing of an…

A custodial sentence for repeat theft offending was not manifestly excessive where the offender had numerous comparable convictions, committed the offences…

A trial judge should not invite a jury, at the close of the prosecution case, to exercise any residual common law power to stop the case. The practice has been…

A sentencing judge may find that the statutory presumption of dangerousness has not been rebutted where the totality of the offender’s antecedents and…

Where a custodial sentence for a new offence is ordered consecutively to an unexpired licence term, the total sentence must satisfy the principle of totality.…

A sentencing court has no power under Crime and Disorder Act 1998, section 1C(2), to impose an anti-social behaviour order to protect a spouse who is, and is…

In assessing dangerousness for a sentence of detention for public protection, the court must decide whether there is a significant risk that the offender will…

In assessing whether a sentence for robbery is unduly lenient, the court must assess the overall criminality. It should consider the fear deliberately caused…

A difference between co-defendants’ sentences does not demonstrate excessive sentencing where their roles, the scope of their participation and the drugs for…

For imprisonment for public protection, a significant risk of serious harm may be established even though earlier victims did not suffer serious harm. The…

For causing death by dangerous driving, aggravating features identified in Cooksley include alcohol and drug consumption, greatly excessive speed, driving…

When fixing the period to be served on a return to custody under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000, time already spent in…

For sentencing offences involving false identity documents, a materially lower sentence may be justified where a person lawfully present in the United Kingdom…

A breach of an anti-social behaviour order is a distinct statutory offence. Its seriousness is not confined to the maximum penalty or immediate harm associated…

Where immediate custody for repeated breaches of an anti-social behaviour order has failed and current professional evidence supports treatment, a substantial…

For possession of a false identity document with intent, the appropriate sentence must reflect both the seriousness of undermining passport integrity and the…

A retrospective representation order may cover work performed on an application for leave to appeal. Under Access to Justice Act 1999, Schedule 3, paragraph 22…

In fixing minimum terms for murder under Criminal Justice Act 2003, Schedule 21 starting points must not be applied mechanically. A sharp statutory age…

In a complex fraudulent-trading prosecution, a jury direction is adequate if it identifies the necessary elements and focuses the jury on whether the defendant…

Where an extended sentence is justified, consecutive extended sentences are lawful but should be imposed with great caution. A court should use concurrent…

For rape sentencing, anal and vaginal rape are treated alike, and rape by a spouse or partner is no less serious than rape by a stranger. The applicable…

On a reference under section 36 of the Criminal Justice Act 1988, the question is whether a sentence is unduly lenient, not merely lenient. A substantial…

Full repayment of a victim before confiscation proceedings does not, without more, displace the mandatory confiscation regime under Proceeds of Crime Act 2002.…

Where one complainant’s account may have influenced another’s, the jury should not use one account to support the other unless satisfied that it is…

Under Sexual Offences Act 2003, voluntary intoxication does not itself negate or establish consent. A complainant does not consent if drink has temporarily…

A sentence for breach of an anti-social behaviour order must reflect the need to secure compliance with court orders and to protect the public. It must also…

For a firearms conspiracy, the intention that weapons be used to endanger life may place the offence in a substantially more serious category than conspiracies…

In a sentence appeal alleging disparity between co-defendants, the question is whether an informed, right-minded observer would conclude that the equal…

A breach of the right to determination within a reasonable time under article 6(1) does not itself require a stay. A conviction should be quashed where delay…

Consecutive extended sentences, and combinations of extended and determinate sentences, are not unlawful. Under the earlier extended-sentence regime, they…

Where a sentencing judge rejects a defendant’s factual basis of plea and the disputed facts may materially affect sentence, the dispute should be resolved by a…

An offence under section 18 of the Offences Against the Person Act 1861 requires an intention to cause really serious injury. It will ordinarily require an…

Documents and records may constitute “articles” for the offence in section 57 of the Terrorism Act 2000. Section 57 and section 58 overlap but address…

Evidence of a defendant’s mental illness and verbal aggression is not admissible as bad-character or important explanatory evidence where it establishes no…

Under section 34 of the Criminal Justice and Public Order Act 1994, an adverse inference may arise only from a defendant’s failure in interview to mention a…

A warrantless arrest under section 24 of the Police and Criminal Evidence Act 1984 requires the arresting constable personally to suspect that the person…

The provisional reduction of about 15 per cent in custodial sentence length under the Criminal Justice Act 2003 guideline was not confined to offences covered…

Criminal Justice Act 2003 Part 12, Chapter 5 establishes a mandatory sentencing sequence for dangerous offenders. The court must first identify whether the…

Receipts from a lawful trade may be criminal property under the Proceeds of Crime Act 2002 where they represent, even in part, the pecuniary advantage obtained…

A reverse legal burden imposed on a defendant in respect of a substantial mental element of a criminal offence significantly infringes the presumption of…

Sentence for trafficking for sexual exploitation depends on the circumstances of recruitment, transport and subsequent control. Large-scale commercial…

For low-level possession of controlled drugs with intent to supply, sentence must reflect both the limited scale of dealing and relevant previous convictions.…

A recommendation for deportation requires a case-specific assessment of whether the offender’s continued presence is detrimental to the country. Fraudulent use…

An employer's internal disciplinary investigator is not, without more, a person charged with investigating offences for the purposes of section 67(9) of the…

Where relevant sentencing guidelines have been issued, they should ordinarily provide the principal framework for sentence. Earlier sentencing decisions should…

In a joint-enterprise murder case, a participating secondary party who intends, or realises that another may, kill with intent to kill is guilty of murder…

Where a statutory minimum sentence applies to repeat dwelling-house burglary, Criminal Justice Act 2005, section 144(2), permits a guilty-plea reduction from…

A "reasonable excuse" for non-compliance with a requirement under section 35 of the Asylum and Immigration (Treatment of Claimants) Act 2004 is a reasonable…

The definition of terrorism in section 1 of the Terrorism Act 2000 protects foreign governments regardless of whether they are democratic, representative or…

An indictment which imperfectly pleads a charge may still charge a known and subsisting offence. It is not automatically a nullity merely because its…

On a reference by the Criminal Cases Review Commission, where an intervening appellate decision may affect the safety of a conviction and the prosecution does…

A conviction is unsafe where the jury were directed in accordance with the law as then understood, but the direction does not accord with the proper approach…

Where an application for leave to appeal conviction relies on fresh evidence, the court must have sufficient material to assess and apply section 23. An…

A custodial sentence may be imposed only where the statutory custodial threshold is crossed. Even then, the court must consider whether mitigation, including a…

For sexual assault, the intentional touching required by section 3 of the Sexual Offences Act 2003 means deliberate touching. An unintended touching, including…

When deciding whether hearsay should be admitted in the interests of justice under Criminal Justice Act 2003, the judge must consider the statutory factors.…

For offences committed before 4 April 2005, credit for qualifying remand custody is automatic under Criminal Justice Act 1967. For later offences, the…

Documents and records containing information are governed by the distinct statutory regime in section 58 of the Terrorism Act 2000. Section 57 cannot be used…

Although physical electronic storage devices are articles for the purposes of section 57, documents and records cannot be prosecuted under that provision…

For a person of good character who pleads guilty to possessing a single false passport with intent and acts alone, the usual custodial range is 12 to 18…

A functioning part made specifically for, and necessary to the operation of, a prohibited automatic weapon may be a component part of that weapon for the…

For a murderer aged under 18, paragraph 7 of Schedule 21 to the Criminal Justice Act 2003 fixes a 12-year starting point, not a presumptive or maximum minimum…

An out-of-court assertion made by one defendant about another may be admitted under section 114(1)(d) of the Criminal Justice Act 2003 only if its admission is…

Severance of a joint indictment is exceptional. It is properly refused where co-defendants advance opposing accounts of the same incriminating events and a…

Where a defence is properly founded on the evidence, a trial judge must leave it fairly to the jury. Judicial interventions which effectively withdraw that…

A legal representative’s withdrawal from a criminal trial after a defendant deliberately absents himself is not unreasonable merely because representation…

Where potentially disclosable unused material was not reviewed by counsel or placed before the trial judge on a public-interest-immunity application…

In sentencing for exceptionally serious firearms offending, the court must have sufficient information about an offender’s personal circumstances before fixing…

An early guilty plea does not invariably attract the full usual credit where a Newton hearing is required. The sentencing judge may reduce credit where the…

A conviction on one count is not rendered arguably unsafe merely because the jury acquits on related counts arising from the same episode. The question is…

Where a sentence for a grave and unprovoked offence of violence is unduly lenient, the Court of Appeal may increase it on an Attorney General’s reference.…

Once a sentencing judge has commenced a Newton hearing to resolve a factual issue material to mitigation, the judge must fairly receive and consider the…

A custodial sentence for perverting the course of justice may be necessary because the offence undermines the criminal justice system. Its length must…

A superior court may commit for contempt in the face of the court only where the contempt is clearly proved and immediate committal is necessary to protect the…

On an appeal against conviction, the question is whether the conviction is safe, not whether the appellant is guilty. Where fresh or undisclosed material might…

Robbery involving serious group violence will ordinarily require a custodial sentence. A non-custodial sentence will be appropriate only in exceptional…

Unauthorised private research by a juror after retirement is a serious departure from the rule that verdicts must rest solely on the evidence and law given in…

Possession of ammunition under Firearms Act 1968, section 1 requires proof that the defendant knew that the relevant item was present and had a sufficient…

Section 76A of the Police and Criminal Evidence Act 1984 applies only where the maker of a confession remains a person charged as a co-accused in the trial…

A sentence of imprisonment for public protection requires evidence of a significant, rather than merely possible, risk that the offender will commit further…

In an appeal based on allegedly incompetent representation, the question is whether identifiable errors or irregularities caused by that representation made…