Court of Appeal (Criminal Division) judgments, 2010

A failure to comply with the statutory disclosure regime does not itself make a conviction unsafe. The appellate question is whether the deficiencies caused…

Evidence of a non-defendant’s bad character is inadmissible under Criminal Justice Act 2003 section 100(1)(b) unless it has substantial probative value on a…

A conviction is not unsafe merely because a co-accused may have given unreliable or false evidence. The decisive question is whether the remaining evidence…

A criminal trial is not rendered fundamentally unfair merely because a series of admissible and probative rulings creates a complex body of evidence. The court…

On resentencing after revocation of a community order, the court must assess credit for qualifying remand time under Criminal Justice Act 2003, section 240, by…

A conviction is not unsafe merely because the trial judge has intervened sharply or managed the trial imperfectly. The appellate court must assess the…

Where a previous conviction is admissible, section 74(3) creates an evidential presumption that the accused committed the earlier offence. It does not require…

Fresh evidence which removes an apparently incriminating feature of the prosecution case does not, without more, make a conviction unsafe. The Court of Appeal…

Where an accused creates a false impression about previous trouble with the authorities, evidence of a previous conviction may be admitted under Criminal…

A conviction is not rendered unsafe merely because an expert witness has later been found unreliable in other proceedings. The appellate court must assess the…

For employee theft, the sentencing category must reflect the actual degree of trust involved. A significant degree of trust does not, without more, justify…

A sentence below a prescribed statutory minimum for possession of a prohibited firearm requires genuine exceptional circumstances. Apparent reluctance to hold…

Manslaughter caused by the use of a knife during a planned robbery is an offence of the utmost seriousness. Sentence must reflect the offender’s overall…

Sentencing for trafficking for labour exploitation under section 4 requires an assessment of the deception or coercion used, the exploitation and control…

Where a witness retracts an earlier out-of-court identification, the trial judge must consider the statutory safety safeguard in section 125 of the Criminal…

A conviction by a Court Martial Board’s simple majority is not inherently unsafe and does not, without more, infringe the right to a fair trial. Section 160(1)…

For an extended sentence under section 227(2B) of the Criminal Justice Act 2003, the appropriate custodial term may reflect the totality of associated…

Fresh expert evidence should not ordinarily permit a second trial on a criminal charge. Where an expert was available before and during trial, the appellate…

A conviction is unsafe where material non-disclosure may reasonably have led the jury to return a different verdict. The assessment must consider whether the…

On an appeal relying on fresh evidence, the Court of Appeal must decide for itself whether the conviction is unsafe after evaluating that evidence with the…

Under section 5A(1) of the Protection from Harassment Act 1997, a restraining order may be made after an acquittal where it is necessary to protect a person…

Following an acquittal, a court may make a restraining order under section 5A where it finds the order necessary to protect a person from future harassment by…

As amended, section 5 of the Protection from Harassment Act 1997 permits a restraining order to protect a company. It may also protect a clearly defined group…

Evidence received after an alleged offence may be admitted for a confined, non-character purpose where it supports an inference about the defendant’s relevant…

A statutory presumption which places a legal burden on an accused to disprove corrupt motive infringes the presumption of innocence under Article 6.2 unless it…

For sentencing purposes, where an offender’s blows cause the victim to fall, the resulting injury is causally attributable to the assault. A distinction…

A conviction is not unsafe merely because of an irregularity in the composition of a jury or social contact between a juror and a court official. The decisive…

Contempt proceedings should ordinarily be determined swiftly, even where related criminal proceedings are pending. A court may stay or adjourn them only…

A Crown Court has no jurisdiction to try on indictment a summary-only offence which cannot properly be included in the indictment. A plea to such a count is a…

When fixing a compensation order and instalments, a sentencing court must have regard to the offender’s means under Powers of Criminal Courts (Sentencing) Act…

An escape from custody will ordinarily attract a custodial sentence which is consecutive to the sentence already being served, so that the offence carries a…

An admitted previous inconsistent statement is admissible under section 119(1) of the Criminal Justice Act 2003 as proof of its contents where the statutory…

Evidence from a co-defendant who has entered a Serious Organised Crime and Police Act 2005 agreement is not inadmissible merely because the witness hopes to…

Convictions of persons connected with a fraud may be admissible as explanatory evidence under section 101(1)(b) of the Criminal Justice Act 2003 where they…

For the offence under section 44 of the Mental Capacity Act 2005, lack of capacity has the meaning given by section 2 of that Act. The relevant matter may be…

A truthful complaint of crime is not a private matter. A person who falsely retracts it may commit perverting the course of public justice because the…

Where a medical disposal is unavailable and further delay cannot make it available, the court must impose the appropriate custodial sentence. A serious…

Under section 23 of the Criminal Appeal Act 1968, fresh evidence should not be admitted where there is no reasonable explanation for failing to adduce it at…

An interlocutory appeal under section 9(11) of the Criminal Justice Act 1987 is confined to an order or ruling within section 9(3). Section 9(3)(c) has a…

Membership of the armed forces and the likely loss of a military career are relevant sentencing considerations. They do not, however, require a non-custodial…

A conviction is not rendered unsafe by later retraction evidence where the appellate court finds that the retractions were procured by pressure or fabricated…

A co-accused’s conviction or guilty plea may be admitted under section 74 of the Police and Criminal Evidence Act 1984, but the discretion should be exercised…

Conviction for escape from lawful custody requires proof that the prisoner was lawfully detained when he escaped. Detention prolonged solely by an official…

Where a defendant charged with homicide offers to plead guilty to manslaughter, the prosecution rejects the offer, the defendant pleads not guilty before the…

Under PACE section 78, fairness in admitting voice-comparison evidence depends on the circumstances. Failures to keep contemporaneous records do not…

A defence of provocation cannot be left to a jury without evidence that the defendant lost self-control. Deliberate, sustained and carefully planned conduct…

Later expert guidance treating low-level gunshot-residue findings as inconclusive does not itself make a conviction unsafe. The appellate question is whether…

Remuneration is not an indispensable condition for holding a public office or for liability for misconduct in public office. The common-law offence must be…

An offence may relate to a regulated football match for the purposes of a football banning order where the violence arises from rivalry between supporters and…

For the dangerousness assessment under Criminal Justice Act 2003, section 225(1)(b)(iii), the sentencing court may find a significant risk of serious harm from…

Under section 76(2)(b) of the Police and Criminal Evidence Act 1984, the court must ask a hypothetical and fact-specific question: whether an omission…

A sentencing court must respect Article 3 of the European Convention on Human Rights, but it may ordinarily rely on an effective system through which the…

Low-template DNA evidence is not inadmissible solely because the amount of DNA falls below a stochastic threshold. The question under Police and Criminal…

Hearsay identification evidence may be admitted under Criminal Justice Act 2003, section 116 where a witness does not give evidence through genuine fear. Fear…

Under section 3ZB of the Road Traffic Act 1988, causing death while driving unlicensed, disqualified or uninsured does not require fault in the manner of…

Where bad-character evidence has been admitted through a gateway in Criminal Justice Act 2003 section 101, the use made of it depends on its relevance to the…

In confiscation proceedings under the Proceeds of Crime Act 2002, the statutory provisions concerning an absconding defendant do not exclude the common-law…

Where prosecution evidence is weak or inconsistent but its strength depends on a witness’s reliability, the case should remain with the jury if a properly…

A footwear-mark examiner may give an evaluative opinion founded on experience where there is a sufficiently reliable basis for it. The examiner may sometimes…

Where confiscation proceedings are postponed under the Proceeds of Crime Act 2002, the sentencing court cannot make a costs order against the defendant until…

Article 26 of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 does not confer blanket immunity from prosecution on…

Expert evidence is admissible only where it is likely to provide information outside ordinary jury experience. In historic familial sexual-abuse cases, general…

Firearms Act 1968 section 51A does not directly impose its five-year minimum sentence on a conspiracy or attempt to create a prohibited firearm. Parliament’s…

In an Attorney General’s reference for an unduly lenient sentence, serious intellectual disability, vulnerability and a long period without further offending…

Self-defence directions must be tailored to the factual issues the jury may reasonably find. The jury first resolves disputed facts and any genuine belief of…

A refugee charged with a false identity-document offence may rely on the defence in section 31 of the Immigration and Asylum Act 1999. The provision is…

In determining whether consecutive sentences for related offences are excessive, the appellate court must focus on the total sentence. A concurrent structure…

Where credible and weighty fresh psychiatric evidence provides a realistic basis for a jury to consider diminished responsibility, and that defence had no…

For a guilty plea to possessing and using a false passport for an immigration purpose, the established 12–18 month sentencing bracket applies both where the…

In a criminal trial, a ruling admitting prosecution recordings after essential witnesses fail to attend may render the trial unfair where it rests on the…

A domestic criminal offence expressed as a failure to comply with obligations in a specified European Regulation depends on those obligations remaining in…

For Theft Act 1968, section 17(1)(b), a mortgage or loan application made to a commercial lender may be a document required for an accounting purpose. A jury…

A jury summing-up must fairly present the prosecution and defence cases. The appellate court assesses alleged imbalance by considering the summing-up and trial…

On an appeal alleging inconsistent jury verdicts, the ultimate question is whether the convictions are safe. A logical inconsistency is necessary, but is not…

When considering fresh evidence on a criminal appeal, the court must give particular regard to whether the evidence is capable of belief and whether there is a…

A criminal costs order made under Prosecution of Offences Act 1985, s 18(1), must be just in both amount and the time allowed for payment. The sentencing court…

Possession of prohibited firearms or ammunition contrary to section 5 of the Firearms Act 1968 is an offence of strict liability. Once possession is proved, a…

A defective conviction on an alternative handling count, received while the jury remained unable to decide the principal theft counts, must be quashed. It does…

An offence under section 1(2) of the Criminal Damage Act 1971 requires that the danger to life arise from the destruction or damage to property. It is…

Following an order for retrial, the Court of Appeal’s power under section 8(2) of the Criminal Appeal Act 1968 to deal with bail operates when it orders the…

Where jury notes raise a credible concern that a juror has prejudged the accused, including because of ethnic background, the trial process must enable the…

A long delay and the resulting loss of potential evidence do not require a criminal prosecution to be stayed where the defence can test the resulting…

Where a Court Martial’s sentencing remarks clearly disclose the Board’s reasons for conviction, an appellate court may examine them. If those reasons reveal an…

Unauthorised use or disclosure of confidential police information by an officer is invariably serious. It is a gross breach of public trust and normally…

An unequivocal assurance by an investigating or prosecuting authority that a person will not be prosecuted may, exceptionally, make a later prosecution an…

Under Criminal Appeal Act 1968, section 23, the Court of Appeal may receive fresh evidence only where that is necessary or expedient in the interests of…

A hybrid hospital and prison disposal under Mental Health Act 1983 section 45A may be appropriate where a mentally disordered offender requires hospital…

For the common-law offence of outraging public decency, the public element requires that the act be capable of being seen by two or more persons actually…

A Crown Court may postpone or extend confiscation proceedings under Proceeds of Crime Act 2002, section 14 on its own motion. A requirement that an application…

A Crown Court’s sentencing power following committal by magistrates depends upon the statutory basis of the committal. A committal under section 3 of the…

Sentencing guidelines for indecent images of children must not be applied mechanically. The sentencing court must assess the overall context and criminality…

Evidence of a collision occurring after allegedly dangerous driving may be admissible as relevant evidence of the danger created, provided its admission is…

For causing death by careless driving, the statutory minimum period of disqualification does not itself justify a longer ban or an extended retest. The…

Bad-character evidence admitted through the propensity gateway in Criminal Justice Act 2003 section 101(1)(d) requires a court to decide whether the…

A criminal trial should be stayed for abuse of process only in exceptional circumstances. Where the prosecution has acted in bad faith or serious default, a…

A summing up must fairly present the essential defence case, but its adequacy depends on the trial as a whole. A concise review will not render a conviction…

A deceased witness’s recorded interview may properly be admitted as hearsay where the statutory conditions are met and the trial remains fair. The absence of…

A defendant who absconds is not thereby entitled to prevent or indefinitely postpone confiscation proceedings. Criminal Justice Act 1988 proceedings under Part…

A post-conviction anti-social behaviour order requires a finding of anti-social behaviour and a judicial assessment that the order is necessary to protect…

Where qualifying bail includes an electronically monitored curfew of more than nine hours, one half of that period must be credited against the sentence under…

An appellate court will usually respect a sentencing judge’s assessment of dangerousness where the judge has applied the correct principles. A high-risk…

A Penalty Notice for Disorder is a means of dealing with suspected low-level offending. Payment does not amount to an admission or proof of guilt, does not…

A trial judge must leave an alternative verdict of manslaughter only where it fairly arises on the evidence. The judge need not leave a remote alternative that…

Legal professional privilege is paramount and is not balanced against competing public interests. Unless the client has waived it, a party must not ask whether…

Sentencing guidance for large-scale cannabis production which classifies those involved in production does not itself prescribe a sentencing bracket for an…

Where Code D3.12 requires an identification procedure, the police must provide it. The absence of a procedure is not merely the loss of a desirable safeguard.…

Where reliable fresh expert evidence establishes that an accused person lacked the understanding needed to participate effectively in proceedings and give…

For tobacco-duty purposes, the expression “cigarettes of that description” includes counterfeit cigarettes made to resemble genuine cigarettes of substantially…

Evidence of previous convictions demonstrating a propensity may properly be admitted where the Crown case, taken cumulatively, is not weak. The trial judge’s…

For an aggravated offence under section 3(1) of the Dangerous Dogs Act 1991, only the dog which inflicted the injury is potentially subject to the mandatory…

Anonymous hearsay is inadmissible where the statutory regime provides no power to receive it. The hearsay gateways in the Criminal Justice Act 2003 do not…

For racial aggravation under section 28(1)(a) of the Crime and Disorder Act 1998, the issue is an outward demonstration of hostility based on race, not the…

A jury’s verdicts are not logically inconsistent merely because it accepts one part of a witness’s evidence but rejects, or has doubts about, another part.…

A juror’s private internet research is an irregularity, but it does not automatically require the jury’s discharge or make a conviction unsafe. The court must…

Alcohol dependency syndrome is a disease for the purposes of section 2 of the Homicide Act 1957, whether or not it has caused physiological or neurological…

Under Criminal Justice Act 2003, section 240, credit for time spent on remand is ordinarily mandatory. The exception in section 240(4)(b) permits refusal where…

An arrangement under section 328(1) of the Proceeds of Crime Act 2002 must concern property which is already criminal property when the arrangement begins to…

Bad-character evidence is not important explanatory evidence merely because it may give context to an intelligible item of evidence. Under Criminal Justice Act…

Article 9 of the Bill of Rights 1688 protects freedom of speech and genuine proceedings in Parliament. Its absolute immunity is confined to activities that are…

A Crown Court may use a prosecution authority’s published costs scale as a fair and reasonable guide to the costs actually incurred, provided that the scale is…

An indictment under section 59 of the Offences Against the Person Act 1861 must allege the statutory act of supplying or procuring an item, knowing that it is…

An abandonment of a criminal appeal may be set aside only where it is a nullity. The applicant must show that the abandonment was not a deliberate and informed…

Under section 23 of the Criminal Appeal Act 1968, post-trial material must be capable of belief and capable of providing a ground for allowing an appeal before…

A court cannot enforce the statutory duty to provide a defence statement by punishing non-compliance as contempt of court. The Criminal Procedure and…

Evidence of a defendant’s gang affiliation may be admissible as bad-character evidence where it can assist the jury on a live issue, including possession of…

On a submission of no case, the judge must decide only whether the evidence, taken at its highest, could properly allow a jury to be sure of guilt. The judge…

A Crown Court judge has no general power to terminate a lawful prosecution because the judge considers it unmeritorious, disproportionate, insufficiently in…

A certification requirement for a second criminal appeal is compatible with Article 6 where the court decides only whether its decision raises a point of law…

Liability for a further offence committed in the course of a joint enterprise requires more than foresight. The secondary party must participate in an…

For a non-shooter to be convicted of murder as a joint participant, the jury must be sure that the defendant played a part in the offence and knew that the…

Where an offender was remanded on bail subject to both a qualifying curfew condition and electronic monitoring, Criminal Justice Act 2003, section 240A…

A witness’s competence to give evidence is distinct from the reliability of that evidence. Under the Youth Justice and Criminal Evidence Act 1999, a competent…

Under section 44 of the Criminal Justice Act 2003, trial without a jury requires proof of two distinct and cumulative conditions: a real and present danger of…

Under section 44 of the Criminal Justice Act 2003, trial without a jury is a last resort. The court must be sure that both statutory conditions are fulfilled…

Driving disqualification serves to protect the public. Its length should be proportionate to that purpose and should take account of the custodial sentence…

A renewed application for leave to appeal may proceed out of time where an adequate explanation for delay is given. Leave should be granted where the proposed…

Under section 15(1) of the Sexual Offences Act 2003, the two earlier meetings or communications need not be sexual. The statutory heading does not add that…

Under the Criminal Justice Act 1988, statutory assumptions about property must be applied to the particular asset and supported by the necessary findings of…

Offences under section 24A of the Immigration Act 1971 do not carry a generally lower level of culpability merely because deception is used to avoid detection…

A witness anonymity order under the Criminal Evidence (Witness Anonymity) Act 2008 is fair where the statutory conditions are met and the defence can…

A decision refusing to reduce a confiscation order under section 23 of the Proceeds of Crime Act 2002 is not a “sentence” from which a defendant may appeal…

In third-type joint-enterprise murder liability, a secondary participant is guilty only if someone commits murder and the participant foresaw that person might…

After a verdict, evidence about jury deliberations is inadmissible. The rule has narrow exceptions where jurors may have wholly repudiated their oath or…

An accessory to a murder committed during a joint criminal enterprise must be proved to have participated by deliberate and positive encouragement after…

On a very late application for leave to appeal, the court may assess the merits and the safety of the conviction when deciding whether to extend time. Serious…

A single previous conviction may be capable of establishing a propensity to commit offences of the kind charged, although its weight will depend on its…

On an appeal alleging inconsistent jury verdicts, the statutory question remains whether the convictions are safe. Logical inconsistency is necessary but is…

Under Criminal Justice Act 2003 Part 10, evidence is new if it was not adduced at the acquitted person’s trial, even if it existed but was then undiscovered.…

A five-judge constitution of the Court of Appeal (Criminal Division) cannot disregard a sole earlier decision of that court on a distinct point of law merely…

A single previous conviction will not ordinarily establish a propensity for the purposes of admitting bad-character evidence. It may do so only where its…

A person responsible for storing and handling dangerous explosives may owe a duty of care to a civilian employee of the fire service who comes close to a fire…

A conviction for aiding and abetting dangerous driving cannot rest on a direction that a qualified accompanying driver simply should have stopped the driver.…

A trial judge must address the actual basis on which evidence of a witness’s bad character is sought. Evidence capable of supporting a defendant’s case that a…

A confession is not rendered inadmissible under Police and Criminal Evidence Act 1984 merely because police information was inaccurate. The court must consider…

Multiple hearsay evidence of an alleged confession may be admitted under section 121(1)(c) of the Criminal Justice Act 2003 where its value, assessed with its…

Where a defendant has only an old and irrelevant conviction, the trial judge should direct the jury to treat the defendant as being of effective good character…

Where an offender’s account concerns the circumstances of the offence and is disputed by the prosecution, it is not extraneous mitigation. The prosecution must…

Where defendants deny participation in the charged drug-importation conspiracy and maintain that they believed the goods were antiques, the alleged police…

On an appeal against sentence imposed by a Court Martial, the appellate court must give proper weight to the specialist tribunal’s service knowledge and…

Evidence of a non-defendant’s bad character is not admissible merely because credibility or alleged violence is an important issue. Under Criminal Justice Act…

An unnotified technical regulation is unenforceable against an individual who invokes the notification failure before the national court. The failure does not…

A reduction of sentence following assistance under a written agreement is an appropriate reward for the assistance’s value to the administration of justice. It…

A Goodyear indication should ordinarily be reliable and binding as far as it goes. A judge should therefore exercise particular caution before giving one…

Fresh expert evidence will not render a conviction unsafe where it is based on unsubstantiated estimates, supplies no reliable evidence of the payments or…

Where grave and persistent violent offending, viewed with relevant previous convictions, demonstrates a significant risk of serious harm through further…

For the offence created by section 85(5)(b) of the Medicines Act 1968, the relevant person is the person who carries on the business in the course of which the…

Under the Criminal Justice Act 2003, an out-of-court representation falls within the statutory hearsay code only when it is tendered to prove a matter stated…

Telephone records may be admitted as business-document hearsay where the statutory conditions are established. A statement from the telephone provider is not…

A trial judge may give a cautious Watson direction even after a jury reports difficulty in reaching a verdict. The direction must encourage collective…

A trial judge may direct a jury to seek evidence capable of supporting an accomplice or seriously discredited witness, but corroboration is not a legal…

The residual hearsay jurisdiction under section 114 of the Criminal Justice Act 2003 is limited. It must not routinely be used to bypass the statutory…

Where an offender pays and directs adults abroad to sexually abuse vulnerable children for the offender’s real-time sexual gratification, the distance between…

Where guilt depends wholly on expert medical evidence, a conviction is safe only if there is a logically justifiable basis for accepting the prosecution…

A trial judge has a discretion to recall a defendant or co-defendant before summing up. Ordinarily, a defendant must give a full account when first giving…

A trial judge may permit a defendant to re-open the defence case at any time before the jury retires. The interests of justice, including trial fairness, are…

Identification evidence affected by possible post-procedure contamination is not automatically inadmissible under section 78 of the Police and Criminal…

Offences under Regulatory Reform (Fire Safety) Order 2005 are sentenced by the conventional principles governing corporate safety offending. Article 32…

Where sufficient evidence raises an issue whether the complainant consented, or whether the defendant reasonably believed there was consent, the evidential…

Where conspiracy to rob and conspiracy to steal are in issue, the jury must be directed that a defendant is guilty of conspiracy to rob only if the prosecution…

Where harassment involves sustained threatening conduct and an intention to cause fear of violence, an immediate custodial sentence may be necessary despite…

A psychiatric disorder which may have contributed to sexual offending does not, by itself, explain or excuse the offending, nor reduce its impact upon a…

A responsible advocate’s statement, founded on documents or a proof of evidence, that a confession was or may have been obtained by oppression or by conduct…

When deciding whether to destroy a prohibited dog, the court must assess the individual dog and the effect of enforceable control conditions. A general risk…

The residual hearsay gateway in section 114(1)(d) of the Criminal Justice Act 2003 must be applied cautiously. It cannot ordinarily be used to bypass the…

A conviction may be unsafe where a defendant has been significantly failed by her legal representatives and, as a result, her defence was not properly put…

Previous-conviction evidence admitted to show a propensity for drunken violence may remain relevant where the prosecution case develops from physical…

Under section 188(1) of the Enterprise Act 2002, an individual commits the cartel offence if that individual dishonestly agrees with another person to make or…

Under section 100(1)(b) of the Criminal Justice Act 2003, a witness’s bad character is admissible where creditworthiness is a matter in issue of substantial…

Online material may constitute hearsay, including where it uses photographs or other pictorial representations. Where its admission is sought under the…

A restriction order under section 41 of the Mental Health Act 1983 should not be maintained merely because of public concern about further offending. The court…

For offences concerning criminal property, the prosecution may prove the criminal source either by identifying unlawful conduct or by circumstances which make…

Under Criminal Justice Act 2003 section 100, credibility may be an issue of substantial importance. Evidence of a witness’s bad character must nevertheless be…

A Sexual Offences Prevention Order must be tailored to the particular danger posed by the offender. Under the Sexual Offences Act 2003, each prohibition must…

For sentencing a corporate health and safety offender, the relevant causal enquiry is whether the offence increased the risk of an accident of the kind that…

A trial judge may reconsider an earlier ruling which prevented the prosecution from advancing a point where developments during the trial materially clarify…

Under Criminal Justice Act 2003, section 100, a non-defendant’s bad character evidence must have substantial probative value on a matter in issue of…

Where a jury is given a transcript of an Achieving Best Evidence interview, the overriding question is whether the defendant received a fair trial without an…

An irregular reference to material that was not in evidence does not of itself make a conviction unsafe. The appellate court must assess the strength and…

In sentencing for unlawful act manslaughter, the court must assess both the offender’s culpability and the harm actually caused, as required by section 143(1)…

Under the Proceeds of Crime Act 2002, criminal benefit is the value of property which the offender obtained as owner, alone or jointly, usually with power of…

A Sexual Offences Prevention Order must contain no prohibition wider than is necessary to protect the public, or particular members of it, from serious sexual…

For sentencing manslaughter by provocation, the gravity of the provocation must be assessed on the factual basis of the jury’s verdict. A genuine belief that…

A conviction for arson with intent to endanger life is unsafe where the evidence does not permit a jury properly to be sure that the defendant intended to…

Where an offender is a foreign criminal within section 32 of the United Kingdom Borders Act 2007, a sentencing court should not recommend deportation. The…

Hearsay evidence should not be admitted under the interests-of-justice gateway unless the statutory assessment is real and rigorous. Under Criminal Justice Act…

A prosecutor and a defendant cannot agree the sentence to be imposed. A plea agreement may identify the agreed facts and relevant mitigation, but sentencing…

On a submission of no case based on circumstantial evidence, the trial judge asks whether the prosecution inference is properly open to a jury. The prosecution…

Excavated soil which an original holder must get rid of is capable of being waste and ordinarily will be waste. Its intended or immediate re-use by a recipient…

Under section 23 of the Criminal Appeal Act 1968, the decisive question is whether receiving fresh evidence is necessary or expedient in the interests of…

Where the custodial term properly imposed for a specified violent or sexual offence is below four years, the statutory threshold for an extended sentence is…

On an appeal based on fresh evidence, the Court of Appeal must decide whether the convictions remain safe. It must not decide guilt as a primary fact-finder.…

A judicial decision to adjourn and re-list confiscation proceedings can amount to a postponement for a specified period under section 14 of the Proceeds of…

Section 13 of the Perjury Act 1911 imposes an absolute bar on conviction for perjury where the alleged falsity of the statement is proved solely by one…

For confiscation purposes, evasion of excise duty or VAT gives a defendant a pecuniary advantage only where the defendant was personally liable for that tax.…

A jury may draw an inference that a defendant made indecent images found on a computer in his possession where the surrounding digital evidence supports that…

In assessing dangerousness, a sentencing court may take account of exceptionally reckless conduct committed in the course of a planned armed robbery and…

An omission from a good-character direction does not render a conviction unsafe where the appellate court is satisfied that a proper direction could not have…

For a pre-statutory witness-anonymity order, section 11 of the Criminal Evidence (Witness Anonymity) Act 2008 requires the appellate court to ask whether the…

Where imprisonment is imposed after breach of a community order, Criminal Justice Act 2003, section 240 ordinarily requires relevant remand custody to count…

A conviction based on a joint attack is not undermined merely because a co-participant is later convicted of manslaughter. The decisive question is whether the…

For incitement, the lawful sale of goods capable of illegal use is insufficient. There must be specific evidence of positive words or acts aimed at encouraging…

A defendant must be afforded a proper opportunity to discuss, in private and confidence, with legal advisers the prosecution material on which the case…

Anonymous hearsay evidence cannot be admitted through the interests-of-justice gateway in section 114(1)(d) where its admission would circumvent the statutory…

Under section 58(3) of the Terrorism Act 2000, a defendant may rely on the purpose for which terrorist information was possessed as part of an asserted…

Where credible fresh psychiatric evidence establishes that a defendant was suffering from mental illness when sentenced, and the conditions for a hospital…

Self-help involving force is exceptional. A vehicle owner may only possibly use reasonable force as a last resort, after all reasonably practicable…

A deprivation order is part of the overall sentencing package. Although property may fall within the statutory power because it was used to facilitate…

A defective summing-up does not necessarily make a conviction unsafe. The appellate court must assess the defect in the context of the trial as a whole…

An identification parade has negligible evidential value where a suspect’s conspicuous feature enables a witness to eliminate the other participants. Such…

A conviction is not unsafe merely because a jury direction may have been erroneous where the jury’s unchallenged findings necessarily establish the defendant’s…

Under Criminal Evidence (Witness Anonymity) Act 2008, an appellate court must decide both whether an anonymity order could lawfully have been made when made…

For confiscation under the Proceeds of Crime Act 2002, a defendant’s beneficial share in land is valued by reference to that share of the market value of the…

A qualified identification may be admissible and probative even though the witness does not make a positive identification. Its use depends on its relationship…

In sentencing for workplace gross-negligence manslaughter, the court must assess all aggravating and mitigating circumstances and give appropriate weight to…

Text messages of a type associated with drug dealing are hearsay and require satisfaction of a statutory gateway before admission. The interests of justice may…

An appellate court reviews the sentencing decision made in the Crown Court. It will ordinarily interfere only if the sentence was unlawful, wrong in principle…

Consecutive sentences may properly be imposed for separate, serious and professionally executed ram-raid burglaries, even where the offender was not on bail…

Sentencing for mortgage fraud must reflect the applicable definitive guideline and the particular circumstances of the offending. Relevant matters may include…

Supplying controlled drugs within a prison is a grave offence for which immediate custody will commonly be required. Powerful personal mitigation, including…

In fixing a period of director disqualification following serious criminal conduct, the court should assess the case within the established bands of…

A sexual offences prevention order made for a specified fixed period must last for at least five years. It may be made under section 104 of the Sexual Offences…

A racially aggravated common assault may cross the custody threshold because of serious racial abuse, even where the physical assault considered alone would…

A prosecution appeal against a terminating ruling under section 58 of the Criminal Justice Act 2003 exists only if the statutory preconditions are met.…

When imposing imprisonment for public protection, the court must set the minimum term by reference to the penal element of the totality of the offences before…

Money-laundering offences under the Proceeds of Crime Act 2002 are separate, free-standing offences from the criminal conduct producing the property. Where the…

A fact relied on in a defence under Criminal Justice and Public Order Act 1994 section 34 includes an alleged fact in issue, an exculpatory explanation, or a…

Corporate health-and-safety fines have no tariff. Earlier sentences provide only a broad feel sufficient to prevent arbitrariness; they do not create a…

For confiscation purposes, a conspirator benefits only from property that he has obtained, whether alone or jointly. Joint ownership of criminal proceeds may…

An assumed ultra vires contribution by a potential victim towards a police investigation does not require a stay unless it amounts to a serious abuse of state…

In sentencing for causing death by dangerous driving, the court must assess the offender’s culpability by reference to the quality of the driving and the…

A defendant may not be sentenced for the higher category of burglary applicable to a dwelling unless the indictment and guilty plea establish that the building…

A consent confiscation order will not ordinarily be set aside merely because a party received erroneous legal advice when agreeing it. Intervention is confined…

For confiscation under the Proceeds of Crime Act 2002, a person who procures a mortgage advance by deception obtains property if he acquires an equitable…

Low Template DNA evidence obtained from less than 100 or 200 picograms is not automatically inadmissible. The court must apply the ordinary requirements of…

A later diagnosis of ADHD does not, without more, establish diminished responsibility. The evidence must show that the abnormality of mind substantially…

A conviction is not rendered unsafe by an alleged exhibit irregularity where the material sent to the jury was in evidence, had been discussed before them, and…

On an appeal against sentence, the court must assess whether the term imposed is excessive by reference to the totality of the offending. A sustained…

A custodial sentence for contempt consisting of a deliberate breach of a restraint order may properly deter conduct which frustrates the administration of…

For an offence under section 9 of the Sexual Offences Act 2003 involving penile penetration, the applicable sentencing guideline starting point is four years…

A summing-up must be assessed fairly and as a whole. Where the jury has received correct general directions on adverse inferences from silence and on the…

In a joint enterprise to cause serious harm, a secondary participant is not guilty of murder if the principal’s deliberate act was both unforeseen and likely…

For an allegation of acquiring criminal property under section 329 of the Proceeds of Crime Act 2002, the adequate-consideration exception is assessed using…

On an appeal against conviction, fresh evidence should be received where the interests of justice make that necessary and expedient. Under section 23(2)(d) of…

A secondary party to a joint enterprise is liable for murder where the fatal violence was of a kind which he foresaw as a possible part of the enterprise. An…

A verdict is not rendered unsafe merely because a jury faces a practical limit on the available deliberation time. Jurors should ordinarily deliberate free…

For bad-character evidence to be admissible under section 101(1)(e) of the Criminal Justice Act 2003, the court must assess the factual elements which together…

Under section 114(1)(d) of the Criminal Justice Act 2003, hearsay may be admitted where the interests of justice require it. The trial judge must address each…

A sentencing judge must not aggravate sentence by making findings that conflict with the proper effect of a jury’s acquittal. This is particularly so where the…

In fixing a minimum term for murder under Criminal Justice Act 2003, Schedule 21, the starting point must reflect the full cumulative gravity of the…

On an appeal against sentence, a severe sentence at the top of the applicable guideline range will not be varied unless it is manifestly excessive. The…

Sentencing guidelines for trafficking for sexual exploitation and controlling prostitution for gain must be applied to the circumstances of the offending as a…

Where a complainant is too ill or unfit, including through intoxication, to consent to sexual activity, there is no consent. An offender must leave that person…

A Court of Appeal certificate that a point is of general public importance may be granted while leave to appeal is refused. The question whether a recalled…

For an offence of breaching a non-molestation order under Family Law Act 1996, the prosecution must prove the absence of a reasonable excuse. A defendant who…

An imprisonment for public protection under Criminal Justice Act 2003 requires a significant risk that the offender’s further specified offending will occasion…

Failure to comply with sexual-offender notification requirements ordinarily attracts a sentence of four to six months’ imprisonment where an offender’s…

A trial judge deciding whether to discharge a jury after leading defence counsel becomes unavailable must determine objectively whether the accused can still…

A sentencing court must sentence on the basis of plea which it is bound to adopt. It must not make findings about culpability, depravity or future risk that…

An appellate court will not ordinarily disturb a sentencing judge’s assessment of offenders’ respective culpability or dangerousness where it was reasonably…

In sentencing for rape of a child under 13, the complainant’s consent does not affect criminal liability but may materially mitigate sentence. The protective…

An appellate court will not interfere with a custodial sentence merely because substantial personal mitigation is present. The sentencing assessment must also…

Agreement by the parties may make hearsay evidence and non-defendant bad-character evidence admissible under the Criminal Justice Act 2003. It does not…

In DNA cases, strict compliance with Part 33 of the Criminal Procedure Rules assists a fair trial by identifying agreed evidence and refining the true expert…

For causing death by careless driving, seriousness is assessed by the degree of carelessness. The highest guideline category applies where the driving falls…

A co-accused’s guilty plea may be admitted as evidence that the co-accused committed the offence, provided it does not foreclose a properly raised defence. The…

For violent disorder under section 2 of the Public Order Act 1986, persons are present together if they are in the same place at the same time. The provision…

When deciding whether dogs involved in an aggravated dangerous-dog offence should be destroyed, the court must assess the risk they pose to public safety in…

Under section 3(1) of the Health and Safety at Work etc Act 1974, an operator’s duty to conduct its undertaking so far as reasonably practicable without…

For a defendant whose role in a commercial cannabis operation is no more than that of a gardener, the ordinary three-year starting point remains an important…

For misconduct in a public office, the required subjective state of mind depends on the form of misconduct alleged. The offence nevertheless requires a…

A court sentencing an offender for an offence committed while on licence must impose the shortest custodial term commensurate with the new offence and any…

For false accounting under section 17 of the Theft Act 1968, an omitted particular is material where its absence makes the accounting document liable to…

For the purposes of imprisonment for public protection under Criminal Justice Act 2003, a prior robbery falls within paragraph 10 of Schedule 15A where the…

Where two arson offences form aspects of one closely connected episode, the second offence may aggravate the first but does not necessarily justify a…

Domestic violence is not less serious because it occurs within a relationship or the home. Its setting may instead aggravate the offence, particularly where…

An indeterminate sentence of imprisonment for public protection may properly be imposed where the sentencing judge has material establishing a significant risk…

A judge should not express personal views on contentious issues when summing up. The proper course is to present the prosecution and defence cases fairly.…

On an appeal against sentence, a sentence is not manifestly excessive merely because it may properly be described as severe. Where the seriousness of reckless…

Where a parent is convicted of manslaughter of a young child, sentence must reflect the particular mitigating and aggravating circumstances. A custodial term…

For section 58(1) of the Terrorism Act 2000, information must, by its nature, be designed to provide practical assistance to a person committing or preparing…

A murder conviction based on participation in a retaliatory group attack is unsafe where the prosecution must prove that the alleged secondary parties knew the…

Fresh evidence relied on in a criminal appeal must be assessed in its proper evidential context. The appellate court may test an asserted eye-witness account…

For serious corporate pollution offences, sentence must reflect culpability, actual or foreseeable environmental harm, punishment, deterrence and reparation. A…

Violent robbery in a victim’s home encompasses conduct of widely differing seriousness. Sentencing must therefore depend on an individual assessment rather…

A sexual offences prevention order must be necessary to protect the public, or particular members of it, from serious sexual harm. Its restrictions must…

An identification is not inadmissible hearsay merely because the witness learned the suspect’s surname from others. The relevant question is whether the…

A custodial sentence for breach of a non-molestation order must be proportionate to the nature and impact of the breach. Where there is no physical violence…

Section 35 of the Criminal Justice and Public Order Act 1994 is not excluded merely because diminished responsibility is in issue. The statutory safeguard…

For a dangerous offender, a life sentence is not justified merely because the offender presents a danger where an indeterminate sentence of imprisonment for…

For a substantial and carefully planned advance-fee fraud, the sentencing range must be assessed by reference to both the amount obtained and the aggravating…

Where an offender has spent time in custody before receiving a suspended sentence, the sentencer must allow for that custody when fixing the suspended term. If…

Sentences for false bomb information must include deterrence, but must remain proportionate to sentences normally imposed for comparable offending. Repetition…

A suspended custodial sentence is wrong in principle where, because the offender has already spent sufficient time on remand, it has a more severe practical…

In sentencing for causing a child to engage in sexual activity, the protection afforded by the criminal law applies to children of every cultural background. A…

Where a defendant pleads guilty on a written factual basis concerning the nature of the offending, and the prosecution materially disputes that basis, fairness…

A trial judge must put the defence case to the jury fairly and sufficiently. Where an accused has neither given nor called evidence, but has given detailed…

An offender who uses a knife to inflict serious injury will normally receive imprisonment measured in years. That general approach does not prevent a…

Under Criminal Justice Act 2003 section 225, life imprisonment for a dangerous offender is exceptional. It should be reserved for offences of particular…

Verdicts on separate counts are not inconsistent merely because they depend on some common evidence. The jury must decide whether every ingredient of each…

A conviction following a guilty plea will not be quashed for alleged police misconduct unless the conduct is sufficiently gross to justify the appellate…

A judge need not leave provocation to a jury where the factual alternatives and directions leave no conceivable basis for a finding that the defendant lost…

For planned group robberies in occupied homes, sentences must reflect the gravity of entering victims’ homes, threats of violence, use of a weapon to…

Sentencing for grave wounding with intent requires a holistic assessment of the guideline framework. Aggravating and mitigating features should not be…

The label one-punch manslaughter does not itself determine sentence, since a single blow may cause death in many different circumstances. Sentence must reflect…

When a prison officer or employee is corrupted into breaching security or supplying prohibited items, deterrence has a prominent role in sentence. The conduct…

A reduced sentence for a drug addict who supplies class A drugs is confined to the exceptional circumstances identified in R v Afonso. It does not apply to a…

For a reckless assault causing minor, non-permanent injury, sentencing should begin with the applicable lowest guideline category rather than a category for…

Forfeiture of cash as recoverable property does not reduce a confiscation order based on the pecuniary advantage obtained by evading excise duty and VAT. Under…

A person who knowingly possesses a false identity document commits the offence under Identity Cards Act 2006, section 25(1)(a), if he intends to use it to…

A conviction under section 4(1) of the Protection from Harassment Act 1997 requires proof of a course of conduct amounting to harassment, not merely conduct…

For an offence under section 111A(1A)(a) of the Social Security Administration Act 1992, a change of circumstances affects entitlement only where a correct…

A criminal prosecution may be stayed for delay as an abuse of process only where the defendant shows that a fair trial is impossible and no less drastic…

Under section 189(4) of the Criminal Justice Act 2003, a suspended sentence’s supervision period must not extend beyond its operational period. A supervision…

An agreed confiscation order said to have resulted from incorrect legal advice will be set aside only in most exceptional circumstances. The applicant must…

Where a juror is discharged for a proper reason during deliberations, the judge need not direct the remaining jurors to disregard that juror’s earlier views.…

On passing sentence, a court must make a specific order giving credit under section 240A of the Criminal Justice Act 2003 for qualifying electronically…

A Serious Crime Prevention Order may be made following conviction only where there are reasonable grounds to believe that it will protect the public by…

Under section 14 of the Proceeds of Crime Act 2002, the ordinary two-year period for postponed confiscation proceedings is mandatory. Exceptional circumstances…

Under the Criminal Evidence Witness Anonymity Act 2008, necessity for a witness-anonymity order may be established by a witness’s real and reasonable fear for…

A custodial sentence may be justified for causing death by careless driving where the driver proceeds at a constant speed through a narrowed road and passes…

Proposals in a Sentencing Advisory Panel consultation paper remain proposals within a public consultation process. They may be useful background, but have no…

Where consecutive sentences are imposed for offending committed while on bail, the sentencing court must still ensure that the total sentence is not excessive…

A lawful direction under section 35 of the Criminal Justice and Public Order Act 1994 need not be withheld from defendants who attended trial and elected not…

In sentencing for attempted murder, later-issued sentencing guidelines may provide valuable assistance even where they were not in force when sentence was…

A court may deal with contempt in the face of the court summarily only where this is necessary to preserve the integrity of the trial or the dignity of the…

For diminished responsibility under Homicide Act 1957, “substantially” bears its ordinary meaning. The impairment must be more than trivial, but need not be…

Under Criminal Justice Act 2003 section 114(1)(d), hearsay alleging serious misconduct must be admitted cautiously. The provision must not circumvent the…

English criminal courts may try an internet-publication offence where a substantial measure of the activities constituting it occurred in England and Wales…

In sentencing for manslaughter by reason of provocation, the degree of provocation is assessed by its nature and duration. The intensity, extent and nature of…

Where section 265 of the Criminal Justice Act 2003 applies, a court has no power to direct that a sentence for a substantive offence run consecutively to an…

Offences involving different complainants may be treated as a series of the same or similar character when their overall features show sufficient similarity.…

A sentence of imprisonment for public protection may be justified where the gravity of the current offending, relevant previous convictions and a marked…

For possession with intent to supply under section 5(3) of the Misuse of Drugs Act 1971, an intended transfer to a courier for onward delivery is not itself a…

A conviction is unsafe where, after the close of the parties’ cases and following substantial jury deliberations, the trial judge reverses a direction in a way…

In sentencing children and young persons, the court must give substantial weight to age, maturity, rehabilitation and the need to avoid a crushing sentence.…

A breach of the statutory sequence requiring confiscation to precede a fine does not automatically invalidate either the fine or a later confiscation order.…

A sentencing court may impose imprisonment for public protection on an offender who is already serving, and has been recalled under, a life sentence. The…

Offences involving counterfeit currency will ordinarily require an immediate custodial sentence because they threaten the currency system and can cause loss to…

A trial judge must give directions on bad-character evidence which are appropriate to the issues and evidence in the particular trial. There is no rigid…

A conviction founded on a jury’s comparison of CCTV images with an accused must be safe on the quality of those images. Although a jury may undertake that…

A criminal trial judge must remain impartial during the evidence and in the summing-up. Judicial questions may clarify matters left obscure, but must not…

For assisting an offender under section 4(1) of the Criminal Law Act 1967, the statutory condition is that the principal offender committed a relevant offence.…

A sentencing court must not treat hospital disposal and immediate custody as the only available options where credible expert and probation evidence supports a…

For rape, consent under Sexual Offences Act 2003 requires agreement by free choice. Mere unwilling submission is not consent. A jury may sometimes need help to…

A good-character direction need not reproduce a specimen direction word for word. It is sufficient if, read as a whole, it properly directs the jury to take…

Under Youth Justice and Criminal Evidence Act 1999, a witness of any age is competent if able to understand questions and give answers that can be understood.…

Where separate allegations are tried together without reliance on similar-fact evidence, the jury must be clearly directed to decide each count separately and…

Where a victim dies while fleeing an unlawful act, the prosecution must prove both factual causation and a legally foreseeable response. The unlawful act must…

For a serious offence of careless driving, a fine must reflect both the gravity of the offending and the offender’s means. The statutory maximum is reserved…

Serious violence against a burglar who is defenceless and no longer poses any danger is unlawful where it is retaliation or revenge, rather than self-defence…

Unconvicted conduct may be admitted as bad-character evidence where it is relevant to an important issue and its admission is fair. Particular care is required…

A second re-trial following two jury disagreements is not prohibited by law. The prosecution must initially decide whether a further trial serves the public…

Where forensic and other circumstantial evidence permits a reasonable inference that an accused participated in violence, rather than being its victim, the…

In sentencing a single rape, a court must select the applicable guideline category by reference to genuinely material aggravating features. An abuse of trust…

A conviction is not unsafe merely because further evidence might have assisted the defence. The appellate court must assess the evidence actually available to…

For confiscation under Proceeds of Crime Act 2002, benefit is property obtained by the particular offender, not merely property whose acquisition the offender…

For the exclusion in section 98 of the Criminal Justice Act 2003, evidence must have a sufficient connection with the alleged offence. Relevance alone does not…

A wasted costs order requires an unnecessary or improper act or omission that reaches the requisite threshold. Grave impropriety is not required. However, an…

A guideline sentencing range normally supplies the provisional sentence, but a court may depart from it where the particular circumstances justify doing so. In…

Where an offender is dangerous and an extended sentence would require release halfway through the appropriate determinate term, the court must assess whether…

A prosecution costs order under section 17(1) of the Prosecution of Offences Act 1985 must be just and reasonable. Where a defendant is convicted on only a…

Where bad-character evidence is admitted to show a propensity for untruthfulness or offending, the jury should be warned that past lies or convictions do not…

Possession of a prohibited CS canister is inherently serious and ordinarily merits an immediate custodial sentence, even for a mature offender of previous good…

Where the prosecution disputes a factual account advanced on a guilty plea, procedural fairness requires the defence to know the disputed issue and the…