Court of Appeal (Criminal Division) judgments, 2008

In sentencing for dwelling-house burglary, the court must give proper weight to an offender’s antecedents and the need to protect the public. It must also…

Sentencing for arson is highly fact-specific. Arson reckless as to whether life would be endangered is generally less grave than arson with intent to endanger…

A conviction may require quashing where the prosecution fails to disclose material that could significantly assist the defence in challenging a central…

Where bad-character evidence is admitted, the judge must direct the jury on its particular relevance and guard against an impermissible use of it. Evidence…

For a planned campaign of robberies directed at vulnerable small shops, sentence must reflect the cumulative seriousness of the offending, the fear…

Under Misuse of Drugs Act 1971, section 28 imposes an evidential, not a persuasive, burden on an accused who relies on lack of knowledge or suspicion. The…

Following dismissal of a criminal appeal, the Court of Appeal refused both an application for a certificate that a point of law was of general public…

For offending involving false identity documents used to obtain work, immediate custody will ordinarily be required because deterrence and sentencing…

A price-fixing cartel does not become an indictable conspiracy to defraud merely because it is secret or its participants take steps to preserve the deception…

Fitness to plead is a functional question. Mental illness, abnormality and delusional beliefs do not establish unfitness unless they prevent the defendant from…

A Turnbull direction is not required where there is no identification issue. Where the issue is whether reliable evidence permits an inference that the…

A notice abandoning a criminal appeal or application ends it unless the notice is a true nullity because the appellant’s mind did not accompany the act. A…

A witness anonymity order is an exceptional measure of last practicable resort. The court has jurisdiction to make one only when each of Conditions A, B and C…

On a sentencing appeal, the court assesses the total sentence and asks whether it is manifestly excessive. Sentencing guidelines assist that assessment but do…

Where a defendant has a criminal lifestyle, the assumptions in section 10 of the Proceeds of Crime Act 2002 place the burden on the defendant to displace them.…

Under Drug Trafficking Act 1994 section 4(3)(b), the prosecution must prove that expenditure was incurred by the defendant before the statutory assumption may…

Where the only alleged explanation for a confession is that police oppression or improper conduct induced a false admission, the jury should be directed to…

In sentencing for causing death by dangerous driving, personal mitigation must be weighed against the offender’s culpability. The mitigating effect of the…

When fixing the minimum term for a mandatory life sentence for murder, the court must select the applicable starting point in Schedule 21 to the Criminal…

A consecutive sentence for money laundering may properly be imposed alongside sentences for drug production and supply where the laundering has a separate…

A criminal trial is unfair where the order imposed for receiving evidence prevents a defence psychiatrist from giving a properly informed and intelligible…

A provisional sentencing indication does not bind the judge beyond an express reservation that it is subject to imminent appellate authority. A sentencing…

Under Part 10 of the Criminal Justice Act 2003, an acquittal must be quashed and a retrial ordered where the statutory conditions are met. New and compelling…

A wasted costs order requires conduct meeting the applicable statutory and procedural threshold. An error by solicitors, even where it causes another party to…

In sentencing violent disorder, the court must reflect both the seriousness of the particular incident and the collective effect of the disorder on the public.…

Article 7(1) of the European Convention on Human Rights is infringed only where the sentence imposed is heavier than the penalty which could lawfully have been…

A defendant of good character is entitled to a clear and positive direction that good character may support credibility and may make commission of the charged…

In a delayed criminal prosecution, the safety of a conviction must be assessed by reference to the actual prejudice caused by the delay and the loss of…

Firearms Act 1968 section 51A requires the statutory custodial minimum unless exceptional circumstances relating to the offence or offender justify departure.…

For dangerous offenders sentenced under the amended regime, imprisonment for public protection is discretionary and remains a sentence of last resort. It is…

For sentencing decisions made before 14 July 2008, imprisonment for public protection under section 225 of the Criminal Justice Act 2003 was mandatory where…

In a trial of historic sexual allegations, a conviction is safe only if the jury receives rigorous, case-specific directions on the effect of delay. The…

A defendant must have an adequate and proper opportunity to challenge evidence relied on for conviction. Curtailed cross-examination does not automatically…

Section 23 of the Proceeds of Crime Act 2002 permits a current calculation of a defendant’s available amount and a just reduction where that amount is…

Deliberate failure to enquire, because a defendant suspects the truth and does not wish it confirmed, may provide evidence from which a jury can infer…

In sentencing for reckless infliction of grievous bodily harm, a sentence substantially exceeding two years may be justified where a loaded, potentially lethal…

On an application to certify questions for further appeal, the controlling issue remains whether the conviction is safe. A court does not depart from that test…

Where a community order has already been revoked and replaced by a suspended sentence order, a later court has no power to revoke the already revoked community…

Evidence about a complainant’s sexual history is admissible under section 41(5) of the Youth Justice and Criminal Evidence Act 1999 where it goes no further…

In sentencing child-cruelty offences arising from a religious ritual, the court must balance personal mitigation and religious motivation against the…

Where credible fresh evidence was not heard at trial, the appellate court must assess conviction safety by asking whether a properly directed jury might…

Evidence relied on to advance a defence theory must be admissible, relevant and probative. A tactical difficulty in calling a witness cannot justify inviting a…

Under Criminal Justice Act 2003, the gateways for correcting a false impression or responding to an attack on character permit only prosecution evidence. A…

The Crown Court’s power under section 155(1) of the Powers of Criminal Courts (Sentencing) Act 2000 ends when the 28-day period expires. Consent, absence of…

In confiscation proceedings, the judge must act consistently with the jury’s verdict and its factual basis. The statutory questions are nevertheless separate…

Under Criminal Justice Act 2003, section 101(1)(f), previous misconduct may be admitted to correct a false impression only where the defendant has actually…

Sentences imposed in an exceptional first prosecution for a cartel offence do not establish guideline levels where foreign plea agreements materially restrict…

Robbery in the home of an elderly person, even without weapons or significant violence, ordinarily warrants a substantially higher sentence than comparable…

When sentencing a prohibited person for possessing a firearm under section 21(1) of the Firearms Act 1968, the court must assess the weapon’s nature and…

Sentencing benchmarks for theft from an employer do not fully govern organised theft of mail by a postal employee. Theft of mail harms not only the employer…

Under section 329(2)(c) of the Proceeds of Crime Act 2002, adequate consideration is a separate matter from the accused’s knowledge or suspicion that property…

For confiscation purposes, “proceedings before the Crown Court” in section 6 of the Proceeds of Crime Act 2002 means proceedings on a single indictment. It…

For confiscation under Proceeds of Crime Act 2002, “proceedings before the Crown Court” in section 6 means proceedings under one indictment. It does not…

A confiscation order must not double count criminal money both as an unspent asset and as value represented in property acquired with that money. A reduction…

When sentencing several offences, the court must set a total sentence which reflects the offender’s overall criminality and the course and nature of the…

A custodial sentence for unlawful commercial waste disposal is not confined to cases satisfying every condition identified in earlier sentencing advice. The…

For an offence under section 57 of the Terrorism Act 2000, the possession must give rise to a reasonable suspicion that the defendant intended the article to…

A defendant who later alleges that intimidation prevented them from giving evidence must establish, on the actual circumstances, that the alleged conduct…

A sentencing court must assess dangerousness from the offender’s conduct, current offences and convictions. Where those matters demonstrate a danger to the…

Failure to serve a confiscation statement does not require the court to treat every allegation in the prosecutor’s statement as admitted. Under Proceeds of…

Witness competence depends on the statutory communication test: whether the witness can understand questions asked in court and give answers that can be…

For the purposes of section 160(1) of the Criminal Justice Act 1988, possession of an indecent image requires custody or control of the image itself. A person…

In a murder case based on joint enterprise, the jury must determine the scope of the enterprise which the secondary party joined, including what that party…

Sex-offender notification requirements under Part 2 of the Sexual Offences Act 2003 arise by operation of law and do not form part of a sentence. An appellate…

When fixing a minimum term for murder under Criminal Justice Act 2003, section 269, the court must evaluate the particular aggravating and mitigating…

Sentences for commercial cannabis cultivation should reflect the offender’s role, the scale of the operation and the value of the cannabis. The sentencing…

When sentencing attempted murder, the court must ensure a proportionate relationship between the custodial time to be served and the period that would have…

A criminal trial in an accused’s absence is an extreme step. Before ordering it, the judge must make a genuine interests-of-justice assessment of the…

The categories in paragraph 5(2) of Schedule 21 to the Criminal Justice Act 2003 are illustrative. A murder may be particularly serious although it does not…

Under Criminal Justice Act 2003, the starting-point categories in Schedule 21 are general principles, not inflexible or exhaustive rules. A sentencing judge…

Supplying, or attempting to supply, drugs within a prison ordinarily calls for exemplary deterrent sentences. Drugs in prison have an inflated value, operate…

In sentencing for attempted murder, the framework in R v Ford [2006] 1 Cr App R(S) 204 requires attention to the seriousness category that a completed murder…

Open justice requires criminal proceedings and the identities of defendants to remain public unless a restriction is strictly necessary for the administration…

Where delayed or absent complaint is relied on to challenge a rape complainant’s credibility, a judge may give an uncontroversial, fact-sensitive direction…

Open justice is the starting point. A court may depart from it only to the extent strictly necessary for the administration of justice or under a statutory…

When resetting a mandatory life prisoner’s minimum term in a transitional case under Criminal Justice Act 2003 Schedule 22, the court may allow a reduction for…

For the reasonable-cause defence under section 20(4) of the Juries Act 1974, the court must address the juror’s actual explanation for failing to be present. A…

Under the pre-amendment dangerousness provisions of the Criminal Justice Act 2003, the statutory assumption of significant risk must be assessed by judicial…

For an offender aged under 18, detention for public protection required both statutory dangerousness and a notional determinate sentence of at least four…

In fixing the period of a criminal disqualification from company management, the court must ensure that the order reflects the gravity of the offending. It may…

Under section 1(1) of the Children and Young Persons Act 1933, the prosecution must prove both an assault or ill-treatment carried out in a manner objectively…

Mere forgetfulness that an offensive weapon is in a person’s possession cannot by itself amount to a reasonable excuse under the Prevention of Crime Act 1953.…

In sentencing for handling stolen goods, the court must assess the whole nature of the offending, not value alone. Systematic activity, the close timing of…

Under section 225 of the Criminal Justice Act 2003, a life sentence may be imposed for a serious life-punishable offence only where the offender presents a…

A sentencing judge determining the minimum term for murder may make factual findings from the trial evidence. A separate count or jury verdict for robbery is…

Fresh expert evidence may be received in the interests of justice, but the decisive question remains whether, in its light, the conviction is unsafe. A revised…

When determining whether to exclude a defendant’s bad-character evidence for unfairness, the court must give particular and reasoned consideration to the…

In confiscation proceedings, an offender obtains a pecuniary advantage through evaded excise duty only if he was personally liable for that duty and…

Where the statutory conditions for a disqualification from working with children are met, the court retains a discretion under Criminal Justice and Court…

Where a young offender deliberately obtains a knife after a trivial dispute, returns to confront the victim and inflicts a near-fatal wound on a defenceless…

An unsigned and unagreed basis of plea does not bind the sentencing court. Where a factual dispute would make no material difference to sentence, a Newton…

Where the prosecution relies on circumstantial evidence, the question on a submission of no case is whether a properly directed reasonable jury could draw the…

In criminal confiscation proceedings, an unqualified prosecution acceptance of a basis of plea ordinarily binds the sentencing judge. An acceptance expressly…

A custodial sentence for blackmail is not manifestly excessive where an apparently debt-related demand develops into a planned and armed home intrusion. The…

For a deliberate, organised and persistent conspiracy causing criminal damage on a massive scale, immediate custody may be fully justified despite previous…

Interference with a juror strikes at the foundation of jury trial. An immediate custodial sentence is ordinarily inevitable, even where the approach is…

Under the third assumption in section 10(4) of the Proceeds of Crime Act 2002, a court must determine the expenditure actually incurred by each defendant. A…

Where benefit from criminal conduct is assessed under the Proceeds of Crime Act 2002, the court must identify the benefit actually attributable to that…

In sentencing offences of possessing class A drugs with intent to supply within prison, a court may impose a deterrent sentence directed to the recognised…

In confiscation proceedings, criminal culpability must be kept distinct from the benefit which an offender has actually obtained. Confiscation is directed to…

In sentencing for a concerted series of cash-in-transit robberies, the court should assess the full nature of the operation. Predetermined roles, group…

Sentencing tables for sexual offences must be read with the accompanying general principles and explanatory guidance. The nature of the sexual activity…

Offences taken into consideration may increase sentence, including where they are more serious than the offence charged, because sentence should reflect…

A compulsory requirement to disclose knowledge of an encryption key may engage the privilege against self-incrimination where that knowledge tends to…

Evidence of a defendant’s propensity to commit offences of the charged kind may assist the accuracy of identification evidence, even where identification is…

Evidence of previous theft convictions is not admissible merely because theft and robbery fall within the same statutory category. Under Criminal Justice Act…

Under the third criminal-lifestyle assumption in section 10(4) of the Proceeds of Crime Act 2002, expenditure must first be shown to have been incurred by the…

For a serious knife wounding, substantial mitigation arising from youth, remorse and a difficult background may reduce sentence but cannot displace the need…

For an offence under section 92 of the Trademark Act 1994, the intended use must amount to civil trade mark infringement under section 10. Where the same mark…

A knowingly false allegation of rape, made to avoid personal consequences and maintained during a police investigation, is a very serious offence of perverting…

A verdict remains lawful where the whole exchange in open court establishes that all jurors agreed, even if the foreman initially described it as a majority…

For causing death by dangerous driving, the dangerous driving must be a cause of death which is more than trivial. It need not be the sole or main cause, but…

A sentencing court should not impose a financial penalty on a not-for-profit body performing a public duty where, absent actual fault by the body, the penalty…

A sentence for attempting to pervert the course of justice by lying during a murder investigation is not manifestly excessive where the lies had the potential…

For an offence involving an imitation firearm and intent to cause fear of violence, sentence must reflect that an imitation weapon is less dangerous than a…

In assessing the minimum term for a life sentence for aggravated burglary, the court must evaluate the offence’s overall seriousness, including planning…

An anti-social behaviour order imposed following conviction requires a demonstrable necessity to protect persons from further anti-social acts. Where a…

A condition in a sexual offences prevention order must be necessary to protect the public from serious sexual harm and proportionate to the danger presented by…

An anti-social behaviour order suspended until a prisoner’s release is not inherently wrong in principle. Its necessity must nevertheless be assessed in the…

Sentencing for conspiracies to manufacture false identity documents requires substantial weight to the conspiracy’s intended criminal purpose, the offender’s…

For sentencing under the definitive guideline for grievous bodily harm, whether an injury is particularly grave is assessed against offences of grievous bodily…

When sentencing for breach of a protective order, the court should assess the risk of harm created by the breach and apply the relevant aggravating and…

For the offence of permitting premises to be used for smoking cannabis, a public-house manager’s breach may properly attract a substantially more severe…

Where credible material indicates that a defendant may be a trafficked victim, particularly a child or young person, procedural fairness requires proper…

When deciding whether to grant the prosecution leave to appeal a terminating ruling, the Court of Appeal must apply a broad interests-of-justice assessment. It…

A sentencing indication must be expressed so that a defendant can understand the maximum custodial consequence of pleading guilty. Where a Goodyear indication…

For a strict-liability pollution offence, an unincorporated association may be a “person” if the definition in Interpretation Act 1978 applies and no contrary…

For sentencing an offence of causing bodily harm by wilful misconduct under section 35, dangerous cycling may justify a substantial custodial sentence where…

A refusal to transfer publicly funded representation or to adjourn for new representation is lawful where the judge applies the relevant criteria, finds no…

A sentencing judge should give reasons for making a recommendation for deportation. A recommendation is not appropriate merely because an offender has…

For offences involving false identity documents used to obtain employment, sentence must reflect whether the conduct was intended to undermine immigration…

Where a mandatory minimum sentence may be displaced only by exceptional circumstances, the court must assess all relevant circumstances holistically. A single…

An exclusion requirement within a community order is primarily protective. It should prevent, or reduce, the risk of further offending rather than punish the…

A defendant is ordinarily entitled to full credit for a guilty plea only if it is entered at the earliest opportunity. An indication at a plea and…

A jury may determine, in one set of proceedings, both the guilt of fit defendants and whether an unfit co-defendant did the acts alleged under section 4A of…

A Crown Court has power to determine an allegation that a person has committed contempt by disobeying its own restraint order. Under Supreme Court Act 1981…

For the purposes of section 84(2)(b) of the Immigration and Asylum Act 1999, authorisation by a designated professional body requires that the provider be…

Substantial threats which fall short of duress may materially mitigate sentence, but they must be weighed against the gravity of an attempt to introduce…

Evidence relating to one count may constitute bad-character evidence in relation to another count on the same indictment. Its admissibility is governed by the…

On a reference by the Criminal Cases Review Commission, the court must decide whether the conviction is safe, rather than whether the defendant is guilty. It…

Sentence severity must be assessed in substance as well as form. A court may replace a suspended sentence with an immediate custodial term where the latter is…

A sentence for blackmail involving planned and repeated threats of serious violence or death must reflect the offence’s grave seriousness and ordinarily…

Excessive judicial interventions in a criminal trial may make a conviction unsafe where they obstruct the orderly presentation and testing of the defence case…

Sentencing for offences involving false passports or identity documents must reflect the purpose of their use and their potential effect on immigration control…

For manslaughter arising from sustained violent bullying, coercion of a vulnerable victim into deep water, and reckless prevention of escape while the victim…

In sentencing an adult who knowingly begins or continues serious sexual activity with an 11-year-old child, the protection of children, including protection…

An adult may cause or incite a child to engage in sexual activity under Sexual Offences Act 2003, section 10, where sexual communications encourage the child…

The Court of Appeal made a consequential procedural order after previously allowing an appeal against conviction and ordering a retrial. It refused the…

Where child abduction is alleged on the basis that an accused induced a child to remain with him, the jury must be directed to decide whether the alleged words…

For confiscation purposes, a defendant who obtains a money transfer by deception obtains the whole transfer, even if he was legally entitled to most of the sum…

An importer and consignee obtains property in illicit drugs in connection with their importation, even if Customs seize them before physical possession is…

Sentencing for keeping a brothel must begin with the applicable guideline category, but must reflect the individual facts and mitigation. A case close to a…

In an appeal against a historic conviction, the decisive question is whether the conviction is safe when assessed by current standards of fairness. A denial of…

A restraint order under the Proceeds of Crime Act 2002 preserves the true value of a defendant’s realisable assets for a possible confiscation order. It does…

There is no fixed tariff for fines for fatal health and safety offences. Sentences must nevertheless be proportionate and may be checked against decided cases…

Where admissible medical evidence establishes that an appellant was unfit to plead at trial, the Court of Appeal may allow the appeal, quash the conviction and…

A witness summons requiring attendance on a stated date and thereafter until release remains effective where the hearing is adjourned and the witness has…

Under the Criminal Justice Act 2003, a trial judge may exclude a purported third-party confession, despite its apparent probative value, where the truth of the…

Where the prosecution relies on a defendant’s late or apparently false alibi to support guilt, the judge should give a Lucas direction if the jury may reason…

For confiscation under the Proceeds of Crime Act 2002, the court must identify the value of the property or pecuniary advantage obtained by the individual…

In confiscation proceedings, benefit, its value and the defendant’s available amount are separate questions. The value of a benefit under sections 79 and 80 of…

A stay for abuse of process requires conduct by the executive which is sufficiently unconscionable and abusive to undermine the rule of law. The court must…

A whole-life order is not, simply when imposed, contrary to Article 3 where domestic law provides a means by which release may be considered if continued…

For a hospital patient, the requirements in section 9(1A) of the Road Traffic Act 1988 are mandatory. The doctor in immediate charge must be notified of the…

A custodial sentence, even when suspended, is not wrong in principle for a serious unprovoked punch which knocks the victim to the ground and initiates a wider…

For confiscation purposes, a defendant who owns goods purchased as part of a planned duty-evasion enterprise has obtained property in connection with that…

Leave to appeal a confiscation order should be granted where there is an arguable basis for contending that the confiscation judge failed to give due weight to…

Where DNA evidence shows that more than one person contributed material to an item linked to an offence, and it cannot establish when or how the respective…

Section 154 of the Powers of Criminal Courts (Sentencing) Act 2000 permits the Crown Court to direct that a sentence begins on a date other than the date of…

The Crown may prove that property derives from crime either by proving specified unlawful conduct or by evidence of handling circumstances which permit the…

Where alleged misconduct occurred when a defendant was under 14, the protective principles in section 108(2) of the Criminal Justice Act 2003 should also…

In criminal-lifestyle confiscation proceedings, the court must determine separately whether the offender benefited from criminal conduct, the value of that…

A sentence of detention for public protection may be appropriate for a young offender with no previous convictions where the offending demonstrates an…

A breach of Code D in a video-identification procedure does not automatically require exclusion under Police and Criminal Evidence Act 1984, section 78. The…

Where a jury is invited to identify a defendant from CCTV images, the trial judge must give a clear and full warning of the risk of mistaken identification and…

A conviction expressly dependent on a co-defendant’s guilt cannot stand once the prerequisite conviction is quashed, where the Crown case and jury directions…

A trial judge may ask questions to clarify evidence, but must not appear to disbelieve an accused or assume the role of a second cross-examiner for the…

A conviction founded on a guilty plea may be unsafe where the defendant’s psychiatric condition materially affected the decision to plead guilty and the…

Where a claimant had no original entitlement to benefit because undisclosed capital exceeded the prescribed limit, later documentation cannot amount to a…

Evidence that searches disclosed no similar local offences after an accused’s arrest may be relevant circumstantial evidence on identity. It is admissible…

The Court of Appeal dismissed both criminal appeals. The supplied judgment records the disposition only and states that written reasons would be given later.…

In sentencing sophisticated carousel VAT fraud, the court must assess each offender’s true role and the Revenue loss. Organisers may properly receive…

In sentencing for possession and use of forged identity documents, the nature of the document is material to the seriousness of the offending. A sentence…

Under Asylum and Immigration (Treatment of Claimants) Act 2004, section 2 requires a genuine immigration document. A person who cannot produce one has a…

Section 119 of the Criminal Justice Act 2003 principally applies where a witness maintains that a prior inconsistent statement is untrue. It permits the jury…

A restraint order under Proceeds of Crime Act 2002 must preserve realisable property for satisfaction of an existing or prospective confiscation order. Under…

In sentencing for causing death by dangerous driving, culpability may properly be assessed by reference to warnings received during the journey. A professional…

A sentencing court may properly impose consecutive custodial terms and activate a suspended sentence where a persistent offender commits further offences…

Multiple hearsay offered under section 121 of the Criminal Justice Act 2003 is inadmissible unless its value, having regard to the apparent reliability of the…

A long-delayed application for leave to appeal requires an adequate, evidenced explanation for the delay. In confiscation proceedings, a sentencing judge's…

A ruling on the admissibility of defence hearsay evidence cannot be based on undisclosed material or submissions which the defence cannot meet. That procedure…

Consecutive sentences may properly be imposed where offences form separate pieces of criminality, even though they arise during an overlapping course of…

For sentencing under section 2 of the Terrorism Act 2006, subsections (7) and (8) define the offence and do not restrict the assessment of seriousness. The…

An offender convicted of perverting the course of justice must be sentenced for that offending, rather than as if convicted of the uncharged substantive crime…

In sentencing benefit fraud, the amount of public money wrongly obtained and the duration of the offending are substantial aggravating features. The court must…

Where a criminal appellant seeks a very substantial extension of time and relies on matters concerning trial advice about an appeal, the court may require a…

A confiscation court must respect an agreed basis of plea. It must not make findings or adopt a benefit figure that contradicts a matter which the parties…

Once a jury has retired, it must not receive further material as evidence. The receipt of extraneous material is an irregularity, but the decisive question is…

In sentencing for a major conspiracy to defraud, the court may assess seriousness by the overall scale and intended effect of the conspiracy. It is not…

A custodial sentence does not automatically justify a recommendation for deportation. The decisive question is whether the offender’s continued presence in the…

A sentencing basis of plea does not preclude a confiscation inquiry into earlier property unless the Crown has expressly accepted facts which are inconsistent…

An extension of time for a prosecution notice of bad-character evidence is discretionary. The court must consider the reason for default, prejudice and the…

In sentencing robbery, the seriousness assessment under the definitive guidelines may move an offence involving minimal force to a higher level where the…

For a money-laundering offence, the prosecution may prove that property derives from crime in either of two ways. It may identify one or more specific kinds of…

Deliberately directing a powerful laser at an aircraft, and continuing to target it while the pilot takes evasive action, creates an exceptionally serious risk…

A person who voluntarily joins a cohesive gang pursuing a confrontational unlawful objective may be liable for murder and attempted murder even though the…

Under Criminal Justice Act 2003, section 240, a defendant’s continued denial or non-admission of guilt while remanded in custody cannot, by itself, justify…

An agreement to perform acts which would merely aid, abet or counsel an offence to be committed by a non-party is not a statutory conspiracy under section 1(1)…

A person who fails to attend in answer to a summons cannot commit an offence under section 6 of the Bail Act unless he was on bail. A conviction for contempt…

An effective technological measure under Copyright, Designs and Patents Act 1988 must itself operate as a technological or mechanical barrier to acts of…

In a reference for an unduly lenient sentence, a sentence which is plainly lenient should not be increased unless it crosses the threshold of undue leniency.…

Where an immediate custodial sentence was appropriate when imposed, an appellate court may suspend it if updated medical evidence shows a material…

Where confiscation legislation makes an order mandatory after a prosecutor invokes the procedure, a court cannot treat voluntary repayment to the victim as if…

Alcohol dependency syndrome may amount to an abnormality of mind under section 2(1) of the Homicide Act 1957, even without observable alcohol-related brain…

For the extended confiscation assumptions in Criminal Justice Act 1988, property transferred to a defendant may be treated as obtained in connection with…

Use of a deliberately false passport to conceal an immigration status and obtain or retain employment is a serious identity-document offence. Sentencing…

An indeterminate sentence under Criminal Justice Act 2003 sections 224 and 225 requires a significant risk of serious harm from further specified sexual…

For joinder under rule 9 of the Indictments Rules 1971, charges need not concern identical facts or a lesser included offence. They may be founded on the same…

For an attempt to murder in which the offender took steps which would have caused death but for fortuitous circumstances beyond the offender’s control, the…

In assessing sentence for causing grievous bodily harm with intent, the court may treat the deliberate use of a motor vehicle as a weapon as a serious…

For the 30-year starting point under Criminal Justice Act 2003, Schedule 21, sadistic conduct requires a significantly greater degree of awareness of pleasure…

On a sentencing appeal, the court will not intervene merely to correct an incidental factual observation by the sentencing judge where that observation did not…

A non-custodial sentence for a serious attempted robbery involving a weapon, group violence and a vulnerable victim may be unduly lenient. The sentencing court…

For murder, the sentencing judge must start with the applicable statutory minimum-term starting point, but must impose a term that properly reflects punishment…

In sentencing for reckless arson, the court must assess the actual extent of the damage and danger created, including the effect on neighbouring occupiers…

Where an apparent attempt is made to intimidate a juror, the trial judge has a broad discretion to decide whether the trial may continue, whether a juror…

A consent-based confiscation order is not ordinarily set aside because a defendant allegedly received erroneous advice when agreeing a compromise. A…

In assessing whether a total sentence is manifestly excessive, the court may give substantial weight to the fear and distress caused by a burglary in which an…

A professionally planned and executed commercial robbery falls outside the specific categories in Part 1 of the Sentencing Guideline Council definitive…

For a dangerous offender, detention for public protection does not follow automatically from the statutory finding of dangerousness. The sentencing court must…

A trial judge’s jurisdiction to uphold a submission of no case to answer arises at the close of the prosecution case, when the evidence actually called is…

Where a defendant denies committing an act, police may properly explore by hypothetical questioning whether the defendant had the capacity to appreciate its…

In sentencing for sexual activity with a child, the court must give proper and separate credit for a guilty plea and all relevant personal and offence-specific…

In sentencing for the aggravated offence of keeping a dangerously out-of-control dog, the consequences of the injury are an important factor. Serious injury…

When assessing whether a custodial sentence is manifestly excessive, the court must have regard to the statutory maximum, the offence actually charged, and the…

A false allegation of rape will almost inevitably require a custodial sentence. The sentence must nevertheless reflect the whole course of conduct, including…

The maximum one-third reduction for a guilty plea is ordinarily available only where guilt is admitted at the earliest reasonable opportunity. That opportunity…

The reasonable-excuse defence under section 2(4) of the Asylym and Immigration (Treatment of Claimants) Act 2004 requires the jury to decide whether the…

For a dangerous offender, an extended sentence is not appropriate merely because custodial progress suggests rehabilitation. The court must have sufficient…

In sentencing for further sexual assaults committed during the operational period of a suspended sentence order, the total sentence must reflect all material…

A detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 requires the offender to be a persistent offender. An…

Where a guilty plea is indicated at the first reasonable opportunity, a full reduction remains the starting presumption. It may be reduced where the…

Bad-character evidence is important explanatory evidence only where, without it, the jury would find it impossible or difficult properly to understand other…

For perverting the course of justice, immediate imprisonment is ordinarily required. A suspended sentence will be appropriate only in the most exceptional…

In sentencing robbery, the applicable guideline range and starting point must be assessed alongside the offender’s antecedents and the particular aggravating…

Possession of a knife or offensive weapon without reasonable excuse is a serious offence even where the weapon is concealed, is not intended for use, and…

A trial judge must tailor the summing up to the real issues raised by the evidence and the parties’ cases. A complete exposition of withdrawal from a joint…

In sentencing for attempted murder, the court must have regard to the sentence that would have been appropriate had murder been completed. A starting point…

For an offence under section 3 of the Health and Safety at Work Act 1974, the prosecution must first prove a real risk to health or safety arising from the…

In a sentencing appeal, a judge must remain faithful to an agreed basis of plea and must not treat disputed or unsupported conclusions as aggravating facts.…

Under section 51A of the Firearms Act 1968, the five-year minimum sentence for possessing a firearm may be avoided only where the circumstances are truly…

A court may dispense with a pre-sentence report under Criminal Justice Act 2003, section 156(4), only where obtaining one is unnecessary. A belief that…

A prosecution interlocutory appeal is available only if the prosecutor gives the statutory acquittal undertaking in open court at, or before, notifying the…

A transitional provision does not prevent confiscation under the later statutory regime where the prosecution confines its application to offences committed…

In an appeal against sentence, the court must assess whether the term imposed adequately reflects all material mitigation as well as the gravity and…

A prosecution may change its decision not to rely on an eyewitness, despite earlier tendering that witness to the defence, unless the change creates unfairness…

Where the prosecution does not challenge a defendant’s basis of plea, the sentencing judge may reject it without a Newton hearing only if it is manifestly…

A sentencing court must have regard to the applicable definitive guideline. Where it departs from that guideline, it must give reasons. An early guilty plea…

A discretionary life sentence under section 225(2)(b) remains justified only where the index offence, taken with any associated offences, is itself…

For offences involving false identity documents carrying a ten-year maximum sentence, the sentencing guidance in Kolawole remains appropriate. Multiple…

For voyeurism under section 67 of the Sexual Offences Act 2003, whether a person is doing a private act depends on the statutory definition in section 68. A…

An offence under section 25 of the Financial Services and Markets Act 2000 is one of strict liability, subject to statutory defences. Dishonesty is therefore…

Under Criminal Justice Act 2003, a previous drug conviction may be admitted to rebut a real or potential defence of innocent association or ignorance of drugs.…

For section 6(1) of the Theft Act 1968, a person who takes property and will return it only if its owner pays money may be treated as intending permanently to…

In a cut-throat defence, evidence of a defendant’s bad character may have substantial probative value regarding reliability even though the prior misconduct…

In a prosecution for obtaining money by deception, the Crown need not call the individual employee who authorised a loan. Where a large lender processes…

Expert ear-print comparison evidence from an experienced examiner may be relevant and admissible. Its probative value depends on the quality and precision of…

When fixing the minimum term for concurrent sentences of imprisonment for public protection, the court must assess the offender’s overall criminality. It…

Where two counts charge possession with intent to supply of the same controlled drug at the same time, consecutive sentences for those counts are wrong in…

For money-laundering offences under Proceeds of Crime Act 2002, the central criminality is knowingly dealing with property derived from criminal conduct.…

An unproved criminal charge is not misconduct and cannot itself be admitted as bad-character evidence under the Criminal Justice Act 2003. A conviction is…

Lay listener voice-recognition evidence may be factual evidence, but its admission under Police and Criminal Evidence Act 1984 s.78 depends upon a realistic…

Sentencing categories in a definitive guideline are not rigid compartments. A voyeurism offence may properly be placed at the lower end of the more serious…

Where expert medical evidence was fundamental to the prosecution case, particular caution is required if the relevant scientific processes may be incompletely…

Where a Sexual Offences Prevention Order is imposed alongside notification requirements under the Sexual Offences Act 2003, its duration should normally be…

A prosecution appeal from a terminating ruling may succeed only if the ruling was one which it was not reasonable for the trial judge to make under section…

In sentencing for dishonestly failing to notify a change affecting income support, the court must assess the individual seriousness of the offending. Relevant…

For the statutory presumption of dangerousness under section 229(3) of the Criminal Justice Act 2003, a sentencing judge may properly rely on the extreme…

A sentence for causing death by dangerous driving must reflect the offender’s actual culpability. Dangerous overtaking may amount to a grave error of judgment…

Sentence for entering into a money-laundering arrangement should reflect the assistance, support and encouragement given to criminal conduct. There is no…

When fixing a driving disqualification under section 147 of the Powers of Criminal Courts (Sentencing) Act 2000, the usual course following a custodial…

A sentencing judge assessing dangerousness may consider a probation officer’s risk assessment, but is not bound by it. The judge must assess all the available…

Under Criminal Appeal Act 1968, s 23, fresh psychiatric evidence intended to support a new defence of diminished responsibility will usually be excluded where…

A defendant charged under section 58 of the Terrorism Act 2000 may have a reasonable excuse where the information was collected or possessed for a purpose…

Violent personal robbery in the home is a sentencing category with its own seriousness. It should not invariably be assessed by taking a street-robbery…

A conviction following a jury trial will not be disturbed merely because an appellant maintains innocence or relies on good character. There must be a sound…

A conviction on a specimen count is unsafe where the indictment spans a period before the charged offence existed unless the evidence enables the jury to be…

A direction under section 34 of the Criminal Justice and Public Order Act 1994 should assist a common-sense assessment of whether an omission in interview…

Professional armed robberies directed at cash custodians, involving loaded firearms and threatened or actual violence, merit sentences at the most severe level…

For an offender under 18 convicted of murder after trial, Criminal Justice Act 2003, Schedule 21 provides a 12-year starting point for the minimum term. In…

An exceptional extension of time to challenge a conviction after a later change in the law is granted only where refusal would cause substantial injustice. A…

Evidence obtained in a properly authorised safety interview is not subject to categorical exclusion merely because access to legal advice was delayed. The…

On a reference by the Criminal Cases Review Commission, the Court of Appeal must decide whether the convictions are safe. In reviewing an old trial, it must…

A reverse legal burden may be imposed by necessary implication where a regulatory criminal provision makes qualification an exception to a general prohibition.…

The Court did not decide whether an agreement to aid, abet, counsel or procure the production of cannabis can found a conspiracy charge under Criminal Law Act…

Schedule 21 to the Criminal Justice Act 2003 provides general guidance for fixing a minimum term for murder. Its starting points and listed factors must not…

In assessing whether a sentence for preparatory terrorism offences is unduly lenient, the court must evaluate the offending across the broad statutory…

Sentencing guidelines for sexual activity with a child require a flexible, individual assessment. The victim’s age, including proximity to the age at which the…

In sentencing a money launderer, the court may have regard to the seriousness of the antecedent offending and to the offender’s knowledge of it. There is no…

Evidence of other alleged offending used to strengthen the cogency of evidence on a charged count, by showing the unlikelihood of coincidence, is not thereby…

In sentencing a child for a serious sexual assault, custody may be justified, but the length of detention must reflect the child’s limited culpability, early…

A fact which raises the minimum-term starting point for murder from 15 to 30 years under Schedule 21 to the Criminal Justice Act 2003 must be proved to the…

For a confiscation order under the Criminal Justice Act 1988, an offender who contends that the amount realisable is below the benefit figure must establish…

For confiscation under Proceeds of Crime Act 2002, a defendant obtains property when it passes into his hands, even if he does not retain it. A cheque is…

Expert facial-comparison evidence which establishes only general similarities and an inability to exclude a suspect does not corroborate a witness’s…

Sentences for money laundering are highly fact-sensitive and no general guideline could be given. Sentencing comparisons from other cases may nevertheless…

A restraint order requires a properly evidenced real risk that assets will be dissipated and unavailable to satisfy a future confiscation order. Suspicion of…

The Court of Appeal may use its power under Criminal Appeal Act 1968, section 29 where a renewed appeal is without merit. The power protects the court’s…

Section 34 of the Crime and Disorder Act 1998 abolished both the rebuttable presumption of doli incapax and the underlying doctrine as a basis for criminal…

In sentencing for reckless endangerment of an aircraft, the court must sentence on the agreed factual basis of the guilty plea. Where a powerful light was used…

Unconvicted allegations of previous misconduct may, in principle, establish a propensity relevant to an issue under the Criminal Justice Act 2003. Their…

A properly brought indictment cannot ordinarily be quashed before trial because the defence contends that the prosecution evidence will be insufficient. That…

A sentencing court may impose a substantial custodial sentence for prolonged laundering of the offender’s own criminal proceeds, particularly where the conduct…

For manslaughter resulting from a single punch, sentence must reflect both the death caused and the offender’s culpability. Where death was an unforeseeable…

Section 6(1) of the Theft Act 1968 does not materially widen the requirement that theft requires an intention permanently to deprive. It covers limited…

Where an offender satisfies the dangerousness criteria, imprisonment for public protection ordinarily supplies the required public protection. Under section…

Sentencing for corruption by a senior public servant must reflect the damage caused to public confidence and the need for deterrence. The proper assessment is…

When fixing the minimum term for murder, a sentencing judge may increase the applicable starting point to reflect aggravating features which are properly…

Sentencing guidelines remain guidelines rather than fixed tariffs. A departure may be justified by the particular circumstances of repeat sexual offending. In…

Once section 27 of the Youth Justice and Criminal Evidence Act 1999 had been commenced without geographical restriction, it formed part of the substantive law…

For robbery of a small business, the use of a working firearm is a substantial aggravating feature. It will ordinarily place the offence towards the upper end…

Where an offender deliberately obtains and produces a knife during an emotionally charged confrontation, and death results, a substantial custodial sentence…

Where the statutory duty to make a confiscation order under the Proceeds of Crime Act 2002 applies, the court must make the order once it has determined the…

Evidence of conduct outside the charged drug transaction may be relevant to knowledge and to a defence of innocent involvement. Where it requires an inference…

A sentencing judge who has heard the trial may determine the factual basis for sentence from the evidence. A racial element may aggravate a murder minimum term…

Sentences for organised Class A drug distribution must reflect the offender’s actual role, the scale and duration of the operation, and its commercial setting.…

A football banning order under Football Spectators Act 1989 may be made only where the statutory precondition of a relevant offence is met. For violence…

Under section 229(3) of the Criminal Justice Act 2003, previous convictions for specified offences create an assumption of dangerousness, but the sentencing…

Section 6(4) of the Domestic Violence, Crime and Victims Act 2004 postpones, but does not prevent, a submission of no case to answer where murder or…

A sentencing court must select any advisory guideline category by reference to the offence actually established. It is an error to use a category for…

A sentencing judge's function is to fix the overall length of the sentence that the offending merits. The judge must explain the statutory release…

In sentencing for large-scale cannabis production, the court must assess the offender’s role, level of involvement and the scale and value of the operation.…

Relevant evidence of untried misconduct may be admitted to establish a propensity under section 101(1)(d) of the Criminal Justice Act 2003. A single earlier…

Under the external-request regime, a Crown Court restraint order may reach only relevant property in England and Wales identified in the request. The reference…

For a bomb-hoax offence, protection of the public and emergency services, and the need for deterrence, make a custodial sentence generally inevitable. A…

On a renewed application for leave to appeal against conviction, an appellate court will not interfere with careful evidential rulings unless an arguable error…

When sentencing a child for grave dangerous driving, the court must balance the offender’s youth, vulnerability and prospects of rehabilitation against the…

A sentence for an offence must not exceed the applicable statutory maximum. On a sentence appeal, where a consecutive sentence is unlawful because it exceeds…

The removal of occupational disqualification from jury service does not remove the common-law and Convention requirement for an impartial tribunal. Apparent…

Where a serious affray involves a public, unprovoked and sustained group attack on an innocent person, an immediate custodial sentence may be necessary. On an…

Under Criminal Justice Act 2003 section 225, a life sentence for a dangerous offender requires the court to decide whether the seriousness of the offence…

An appellate court should not interfere with a financial penalty for health-and-safety offending where the sentencing judge has carefully assessed the gravity…

Where the statutory conditions for confiscation are met, Criminal Justice Act 1988 section 71 requires a confiscation order. The court retains only its…

In substantial confiscation proceedings, the court must proceed on a clear factual basis and make findings sufficient to identify the benefit obtained. An…

Where several false identity documents are possessed on one occasion, their number may increase the seriousness of the offence and the appropriate single term.…

A court may not direct a custodial term to begin only when an earlier sentence, from which the offender was released early, would have expired. Such a…

An evidentiary ruling may also be a terminating ruling under sections 58–61 of the Criminal Justice Act 2003 where its practical effect is to end the…

Where a defendant has been properly convicted of conspiracy to defraud, the maximum sentence is the statutory maximum for that offence. The maximum for an…

In confiscation proceedings under Criminal Justice Act 1988, the defendant bears the continuing burden of proving, on the balance of probabilities and by clear…

The defence of duress is excluded where an accused voluntarily associates with others and foresees, or ought reasonably to foresee, a risk of compulsion by…

A sentence for revenge against a witness must reflect the grave harm which such conduct causes to the administration of justice. The sentencing court must…

Where a sexual assault falls within the applicable sentencing-guideline bracket, the court must give proper weight to mitigation, including a prompt guilty…

Where false passports or identity documents are possessed to assist the evasion of immigration control, deterrent imprisonment is required. An offender’s…

Under Criminal Justice Act 2003 section 120(2), a previous complaint may be admitted to rebut an allegation that the witness fabricated the account, and may…

For serious deliberate interference with a heavy goods vehicle tachograph and speed-control equipment, the potential danger to life will ordinarily make an…

For manslaughter reduced from murder by provocation, sentencing guidelines provide a starting point rather than rigid limits. A substantial degree of…

Where evidence on one count is relied on to support another, cross-admissibility is governed by the Criminal Justice Act 2003, not the former common-law rules.…

A defendant who admits disposing of evidence may not receive the full sentencing credit available for an early guilty plea if a material element of the offence…

For a prosecution appeal under section 58 of the Criminal Justice Act 2003, an acquittal agreement made by the Crown in good faith satisfies the statutory…

On breach of a suspended sentence order, Criminal Justice Act 2003, Schedule 12, paragraph 8 requires a two-stage approach. The court must first decide whether…

Where an offence falls squarely within the middle of the applicable sentencing guideline range, a sentence above the stated custodial starting point requires a…

For conspiracy to facilitate unlawful entry, sentence severity properly reflects cumulative aggravating features. These include financial gain, facilitation…

Under section 31 of the Offences against the Person Act 1861, an “other engine” is not confined to a device operating through stored energy. The statutory…

An allegation in interview that the complainant behaved reprehensibly is an attack on character for the purposes of the bad-character gateway in the Criminal…

A professional report may be admitted as documentary hearsay under Criminal Justice Act 2003 section 117 where it was created in the course of a professional…

A premeditated intentional stabbing with a knife is a very serious offence. Sentencing must reflect legitimate public concern and the need to deter the…

Where an adult murders a child and the murder involves sexual or sadistic motivation, the case falls plainly within paragraph 4(2) of Schedule 21 to the…

Perverting the course of justice is inherently grave because it undermines the criminal justice system. Sentence should reflect the duration, nature and…

A court sentencing an offender under 21 must impose detention in a young offender institution, rather than imprisonment, where Powers of Criminal Courts…

For confiscation under the amended Criminal Justice Act 1988, a defendant’s benefit is the value of property obtained through relevant criminal conduct. A…

Where imprisonment for public protection is appropriate, the minimum term must be based on a lawful and proportionate notional determinate sentence. A…

A sentence of detention in a young offender institution exceeding 12 months cannot be suspended under section 189 of the Criminal Justice Act 2003. Where such…

Parliament may make a partnership criminally liable as an entity distinct from its individual partners where the statutory scheme clearly does so. A conviction…

When sentencing a sexual offence outside a Sentencing Guidelines Council guideline, the court should, so far as possible, relate it to guideline offences of a…

In sentencing for a planned series of kidnappings and robberies, the court must reflect the exceptional gravity created by repeated attacks on lone and…

Bad-character evidence capable of showing a propensity to be untruthful is not confined to prior lies given as a witness. A proven pattern of untruthful…

For an adult convicted after trial of causing death by dangerous driving, where none of the recognised aggravating features is present, the appropriate…

When fixing the minimum term for imprisonment for public protection, the court must identify the appropriate notional determinate sentence, apply totality, and…

A sentencing court may impose separate fines for separate health and safety offences, or a single fine for the principal offence. In either course, it must…

A mental health treatment requirement under section 207 of the Criminal Justice Act 2003 may be imposed where the court is satisfied that the offender’s mental…

A planned attempted kidnapping undertaken to enforce a claimed debt is grave self-help offending and calls for a substantial custodial sentence. Deliberate…

Stolen goods are criminal property under Proceeds of Crime Act 2002 where the thief acquires a right to possess them. That right is an interest in property…

A default term for non-payment under Powers of Criminal Courts (Sentencing) Act 2000 must be fixed by a discretionary assessment. It should be roughly…

A defendant’s right to be present and legally represented at trial is fundamental, but it is not absolute. When illness causes an involuntary absence, the…

In sentencing a very young offender for reckless criminal damage causing grave injury and a serious risk to life, the sentence must reflect both the actual and…

A sentencing court may properly treat as serious aggravating features the reckless administration of a dangerous drug to a very young child, an abuse of a…

For the conclusive presumption in section 76(2)(a) of the Sexual Offences Act 2003, intentional deception about the purpose of sexual activity is not confined…

A dog which bites an unprovoked pedestrian in a public place may properly be found to be dangerously out of control. The bite can demonstrate both that the dog…

Under Criminal Justice Act 2003 section 101(1)(d), evidence of previous convictions demonstrating a relevant propensity may support identification evidence…

For the purposes of section 2(1) of the Company Director's Disqualification Act 1986, an indictable offence is committed in connection with a company’s…

An offender must be sentenced on an accepted basis of plea unless the court clearly rejects it. In a multi-handed conspiracy, the Crown must ensure that…

Where unproved allegations are admitted as bad-character evidence, the jury should consider each allegation separately. They should use an allegation as…

Under Rule 67.2 of the Criminal Procedure Rules, allowing a prosecutor until the next business day to decide whether to appeal is the general rule, not an…

A substantial custodial sentence may be justified for a knowingly false rape allegation which is maintained over several days, causes innocent people to be…

Terrorism Act 2000, section 58, applies only to documents or records containing information likely to give practical assistance in committing or preparing…

Section 57 of the Terrorism Act 2000 requires a direct connection between the article possessed and the commission, preparation or instigation of a terrorist…

In a case resting on visual identification, the trial judge must assess the quality of that evidence at the close of the prosecution case. If its quality is…

A trial judge should explain clearly why bad-character evidence has been admitted and how the jury may use it. Evidence admitted for one purpose may properly…

Offences may be joined as a series of the same or similar character only where a sufficient nexus makes them a series. A charge of perverting the course of…

A count alleging several threats to kill over a lengthy period was technically duplicitous under Offences against the Persons Act 1861. Duplicity is, however…

Fresh evidence should be received under section 23 only where the interests of justice justify doing so. The court will not ordinarily permit an appellant…

A conviction founded on a guilty plea tendered on a wholly erroneous legal basis should not be upheld where the corrected law leaves an untried issue for a…

The Crown Court may use its inherent contempt jurisdiction to punish intimidation of a witness connected with a trial. Where the allegation is deferred and…

Under Gaming Act 1968 section 52(1), a game involving both chance and skill is a game of chance even where skill predominates. Parliament did not impose a…

A defendant does not adopt a police interview merely by accepting that he made the recorded statements. Adoption requires agreement that the interview account…

In sentencing for keeping a brothel used for prostitution, the degree of coercion in recruiting and controlling the prostitutes is highly relevant. The absence…

When sentencing for dangerous driving, the court may give substantial weight to the consequences for the victim. Exceptionally grave injuries may make custody…

A Crown Court may use section 11 of the Contempt of Court Act 1981 only where it has deliberately allowed a name or other matter to be withheld from the public…

Under Criminal Justice Act 2003, previous convictions of a witness may be used to challenge credibility only where they have substantial probative value.…

A money-laundering indictment may properly allege a general deficiency where numerous small transactions form a continuing criminal enterprise and legitimate…

Criminal Procedure Rules 2005, r 65.6(3), requires an application or appeal against an order restricting public access to a trial to be determined without a…

An admissible previous inconsistent statement may be used as substantive evidence. Its admission will not be unfair merely because the witness claims no…

Under section 114(2) of the Criminal Justice Act 2003, the admissibility of hearsay from an unavailable witness requires a realistic assessment of the maker’s…

Following a conviction for a dog being dangerously out of control, a court should not order immediate destruction without considering whether a contingent…

An evidentiary ruling may be appealed by the Crown under section 58 of the Criminal Justice Act 2003 where it relates to an offence on the indictment and the…

Under section 10(6) of the Proceeds of Crime Act 2002, a defendant seeking to displace the statutory confiscation assumptions must provide clear and cogent…

For sentencing an offence of offering to supply a Class A drug, the sentence must reflect the offender’s actual criminality. Where the offer was made solely to…

Under section 23 of the Criminal Appeal Act 1968, fresh expert evidence may be received where it is capable of belief, admissible, supported by a reasonable…

Evidence of earlier dealings with the Revenue may be admitted as bad-character evidence where it is needed to understand the later investigation or is relevant…

For offences under sections 327 and 328 of the Proceeds of Crime Act 2002, the Crown must prove at least the type or class of criminal conduct from which the…

When applying definitive robbery guidance to an offender aged 18, the court should not treat the offender as an adult merely because he is over 17. The…

For manslaughter by provocation, the applicable Sentencing Guidelines Council guidance requires the provocation to be classified as low, substantial or high. A…

In sentencing for rape, the court should begin with the applicable guideline bracket and starting point. A serious assault, humiliation and the presence of a…

A sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 requires a properly supported assessment of a significant…

Evidence of bad character under Criminal Justice Act 2003 section 101(1)(d) must be relevant to an important issue actually remaining for the jury. A general…

Questions framed as challenges to a complainant’s prior statement remain questions about sexual behaviour where their probative force depends on establishing a…

Where a jury returns a verdict of manslaughter without identifying its basis, the sentencing judge must sentence on the only possible interpretation of that…

In sentencing for voyeurism and associated image offences, custody must be appropriate and warranted after an overall assessment of seriousness, harm and the…

A sentencing court should not accept a defendant’s factual basis of plea merely because the Crown cannot disprove it. Where a material factual dispute remains…

A sentence appeal will not succeed merely because the offender pleaded guilty or had not previously been imprisoned. A substantial immediate custodial sentence…

On a sentence appeal, the question is whether the overall sentence is manifestly excessive. A total sentence at the upper end of the appropriate range will not…

Section 14 of the Sexual Offences Act 2003 creates a substantive offence which criminalises intentional preparatory acts directed to a specified child sex…

An offender is not properly treated as a repeat offender for sentencing purposes merely because several offences of the same kind are before the court on a…

Where jurors are inadvertently exposed to material suggesting that a defendant faces another matter, the question is whether a fair-minded and informed…

Sentencing guidelines must be considered, but their categories do not create rigid boundaries. Where a planned commercial robbery falls between, or outside…

For the purposes of the Dangerous Dogs Act 1991, access to a place is public only where it is access by the general public as such. Land that is facially…

For a single rape of a child under 16, the applicable sentencing guidance gave a starting point of about eight years’ imprisonment and a post-trial range of…

A sentence exceeding two years’ imprisonment for wounding contrary to section 20 requires close scrutiny to determine whether the particular facts provide real…

A committal sentence for deliberate breach of a restraining order may properly contain punitive and coercive elements. It may also include deterrence…

An extended sentence under section 227 of the Criminal Justice Act 2003 requires a risk of serious harm from further offending, not merely a risk of harm. The…