Court of Appeal (Criminal Division) judgments, 2011

Possession of extreme adult pornographic images should not be sentenced by narrow comparison with child-image offences. The latter engage the protection of…

A trial judge may, in an appropriate case, direct a jury on a factual version which neither prosecution nor defence has advanced where their respective cases…

For confiscation under the Proceeds of Crime Act 2002, a defendant benefits from evaded excise duty only where that defendant was personally liable for it and…

For confiscation proceedings under section 8 of the Proceeds of Crime Act 2002, an earlier assessment of benefit from general criminal conduct fixes the…

Evidence of a co-defendant’s bad character is admissible under section 101(1)(e) only where it has substantial probative value on a factual issue between the…

At a trial for causing grievous bodily harm with intent, a judge must leave the lesser alternative of unlawfully inflicting grievous bodily harm where it is…

Under section 114 of the Criminal Justice Act 2003, hearsay may be admitted in the interests of justice after all relevant statutory factors have been…

A person who deliberately disobeys a judge’s express directions and responds contemptuously commits contempt in the face of the court. Where the judge has…

A sentencing court may dispense with a pre-sentence report under section 156(4) of the Criminal Justice Act 2003 where, acting judicially and for sound…

Sentencing for breach of a Sexual Offences Prevention Order must reflect the risk which the prohibited conduct creates for the people whom the order protects.…

Previous convictions for possessing and using firearms may be admitted as propensity evidence where they are sufficiently relevant and the prosecution case is…

A criminal waste-export offence is sufficiently certain where the governing legislation establishes a factual classification capable of jury determination.…

In a case subject to a statutory minimum sentence, the restriction in section 144(2) of the Criminal Justice Act 2003 prevents a guilty-plea reduction which…

For historic sexual offending, sentence is imposed under the law and relevant definitive guidelines current at the sentencing hearing, while remaining subject…

An error in the statutory basis recorded in a memorandum of conviction does not invalidate an otherwise lawful committal for sentence. The decisive question is…

Imprisonment in default of a confiscation order is intended to secure payment and deprive the offender of criminal assets. It is not a further punitive…

A defendant convicted of a properly charged common-law conspiracy to pervert the course of public justice may be sentenced within its maximum penalty of life…

Serious Crime Act 2007 section 46 applies where an act is capable of encouraging or assisting more than one specified offence and the defendant believes that…

In serious parental child-abduction cases, the court must impose a sentence reflecting both the offender’s culpability and the enduring harm caused to the…

For sentencing a section 20 wounding under the assault guideline, a category 1 offence requires both greater harm and higher culpability. A permanent visible…

A sentence for repeated burglaries of vulnerable public places must reflect both the offender’s record and the aggravation arising from the choice of victims.…

A lengthy delay in reporting an historic sexual allegation does not of itself require a stay for abuse of process. The applicant must identify specific…

Where an offender has been convicted of a relevant offence under Football Spectators Act 1989, section 14A(2) requires a football banning order if the court…

Where a young offender has received a substantial custodial sentence, a criminal anti-social behaviour order requires compelling, case-specific material…

A terminating ruling based on prosecution disclosure failures is justified only where it is established that the defendant cannot receive a fair trial. Late…

A sentencing court must not aggravate a dangerous-driving sentence by inferring other criminality, or an interference with the administration of justice…

Where the prosecution withdraws an indication that it will not proceed on charges if guilty pleas are entered on others, a stay for abuse of process depends on…

In sentencing for perverting the course of justice, the existence of young children for whom an offender is the principal carer does not by itself justify…

A serving volunteer who claims conscientious objection does not acquire a unilateral right to refuse military duties while the claim or an appeal is…

A police account given by a witness who later resiles from it may properly remain before the jury where a reasonable jury could find the earlier account…

For diminished-responsibility manslaughter, the phrase substantially impaired in section 52(1)(b) of the Coroners and Justice Act 2009 does not impose a test…

Exceptional progress in custody may justify a modest reduction of a mandatory life prisoner’s minimum term only under the transitional regime in paragraphs 3…

An appellate court may treat a notice abandoning an appeal as a nullity only where the abandonment was not the product of a deliberate and informed decision.…

Where a suspended sentence is activated in full because a further offence was committed during its operational period, that fact must not also aggravate the…

In sentencing historic sexual offending, the court must apply the sentencing regime and relevant guidelines in force when sentence is passed. The sentence…

The offence of making an indecent photograph of a child under section 1(1)(a) of the Protection of Children Act 1978 does not require proof of an indecent…

Deliberate, organised sporting corruption by professional players is serious criminal conduct. Internal disciplinary sanctions, including a ban that ends or…

Improper police handling of witnesses does not require exclusion under Police and Criminal Evidence Act 1984, s 78 where there is no bad faith and…

Apparent bias is assessed objectively by asking whether a fair-minded and informed observer, having considered the relevant facts, would see a real possibility…

In sentencing a child for multiple robbery offences, the court must reflect both the seriousness of the offending and the offender’s personal mitigation. Where…

An appellate court will not interfere with a sentence unless it was wrong in principle or manifestly excessive. A guilty plea, contrition, youth, lack of…

For robbery under the Theft Act 1968, the prosecution must prove a completed theft at the time that force or the threat of force is used in order to steal.…

A trial judge may adapt the manner of cross-examination for a very young child where suggestive traditional challenges would risk confusion and produce…

In the Crown Court, and absent special local or case-specific arrangements, a defendant on bail surrenders to custody by entering the dock and placing himself…

A secondary party who joins an enterprise involving unlawful violence and foresees that a knife may be used to cause some injury may be guilty of manslaughter…

In sentencing a solicitor for sustained theft from a firm and its clients, the appropriate sentencing level may be assessed by comparison with large-scale…

Where a juror has received information or views from an extraneous source, the question is whether a fair-minded, independent and informed observer would…

Under Criminal Justice Act 1988, section 40(1), a count may be joined with other counts only where it arises from the same facts or evidence, or forms part of…

Police corruption affecting some prosecution witnesses does not automatically taint the evidence of other officers. The safety of a conviction must be assessed…

Hearsay evidence may be admitted under section 116(2)(e) of the Criminal Justice Act 2003 where the court is sure that a witness’s failure to give oral…

In sentencing for unlawful wounding by use of a glass, the court may treat the use of the glass as a weapon, injury to the face with a risk of eye injury, and…

For a corporate offence requiring proof of intention, attribution depends on the construction of the creating statute. The distinction in Pollution Prevention…

A conviction may safely rest on a complainant’s earlier account despite a later retraction where the jury is properly left to assess the account’s truth and…

Sexual Offences Act 2003, section 75 creates evidential, not conclusive, presumptions about consent and reasonable belief in consent. It does not reverse the…

Violent, planned smash-and-grab raids on jewellers’ shops fall outside the Sentencing Council’s guideline for street robbery, small-business robbery and less…

A curfew imposed as a condition of deferred sentence does not count towards the six-month period permitted for a curfew requirement in a subsequent community…

When an offender receives credit both for a guilty plea and for assistance under Serious Organised Crime and Police Act 2005, the sentencing judge must…

In a multi-count sexual-offence trial, evidence on one count cannot be used generally to support every other count merely because the allegations concern…

Where police identification evidence has been obtained despite breaches of the applicable Codes of Practice, its exclusion depends on whether the defects make…

Where violent disorder forms part of serious public disorder, sentence must reflect the cumulative harm caused when individual acts encourage and inflame a…

A draft sentencing guideline issued for consultation does not displace or alter existing sentencing guidance from the Court of Appeal. It may form part of the…

Detention for public protection is a last but one resort for a dangerous offender, subject to a discretionary life sentence. The court must consider whether an…

In a service sentencing appeal, the appellate court may correct injustice but must give due respect to the Court Martial’s specialist assessment of service…

A deceptive theft deliberately targeting elderly and vulnerable householders need not be treated as simple theft for sentencing purposes. Where the conduct…

Where a previous complaint is admissible under section 120 of the Criminal Justice Act 2003, a jury should ordinarily be reminded that it comes from the…

Under section 3 of the Criminal Appeal Act 1968, an appellate court may substitute an alternative conviction only where the indictment itself expressly or…

In sentencing sustained physical cruelty towards highly vulnerable children, a court may place substantial weight on the number of victims, the duration of the…

For an allegation of unauthorised deposit-taking under the Financial Services and Markets Act 2000, the prosecution must adduce evidence capable of showing…

The residual hearsay gateway in section 114(1)(d) of the Criminal Justice Act 2003 must be applied cautiously. It must not circumvent the statutory safeguards…

For the prohibition on exports of waste to non-OECD countries, “export” is a continuing process. It begins when waste at its point of origin is destined for…

Offences committed as part of, intrinsic to, or intended to contribute to widespread public disorder are aggravated by that context. Sentencing must reflect…

Sentences for a large, sophisticated conspiracy to import cannabis must properly reflect the quantity involved, the offender’s role, the duration and…

An extended sentence under Criminal Justice Act 2003, section 227 must not exceed the maximum sentence for the offence when the custodial term and extended…

A planned and armed group attack causing life-threatening and multiple serious injuries is an offence of high culpability. It falls within category 1 of the…

A substantial custodial sentence for repeated, targeted theft may be proper where the offender is a persistent professional thief with a significant record of…

A post-acquittal restraining order under section 5A of the Protection from Harassment Act 1997 is a serious measure. The person affected must be given a proper…

Material retained by an electoral authority does not become prosecution material merely because the authority identifies suspicious documents and gives…

Evidence said to show that a child complainant made an earlier false sexual allegation is not admissible as bad-character evidence unless it has substantial…

Where a mentally disordered offender presents a serious risk of further crime that is not confined to mental illness, a Mental Health Act 1983 hospital order…

Where evidence of an uncharged earlier sexual allegation is admitted in a trial for sexual offences, the jury must receive a separate and tailored direction…

For a sentence of imprisonment for public protection, the actual minimum term is fixed under Powers of Criminal Courts (Sentencing) Act 2000, section 82A. The…

Conduct amounting to a separate assault may also provide evidence of participation in a robbery. A jury may infer joint participation where, viewed in its…

Where imprisonment for public protection will adequately protect the public, a life sentence remains reserved for offences of particular gravity or offenders…

A conviction cannot stand where it necessarily depends on a factual premise that the jury has rejected by an acquittal on another count, and there is no…

Previous convictions admitted after a defendant attacks another person’s character may be used only for their permitted credibility purpose. Where similar…

Under section 100(1)(b) of the Criminal Justice Act 2003, third-party bad-character evidence is admissible only if it concerns a matter in issue of substantial…

A guilty plea ordinarily attracts a reduction in sentence. The principle is general rather than absolute, and a maximum sentence may exceptionally be imposed…

An appellate court should not interfere with a custodial sentence unless it is manifestly excessive. Comparable sentencing decisions may assist the assessment…

A court may correct an obvious drafting error only where the legislative purpose, the inadvertent failure to give effect to it, and the substance of the…

For an offence under section 328(1) of the Proceeds of Crime Act 2002, the prosecution need not prove the particular type of criminal conduct that generated…

Time spent on remand before a suspended sentence order cannot be added to the suspended term as a notional aggregate sentence. Under section 240 of the…

A defence statement must identify the factual basis of any positive case which an accused intends to advance. A bare denial is inadequate where the defence…

Hearsay evidence may exceptionally be admitted under section 114(1)(d) of the Criminal Justice Act 2003 where the interests of justice require it and the…

A genuine disagreement between reputable experts about the strength of DNA evidence does not require the evidence to be withdrawn from the jury. Where each…

An offender may satisfy the dangerousness condition even if he did not personally use violence. A person who knowingly acts as a getaway driver in a planned…

Under section 2(3)(b) of the Child Abduction Act 1984, the defendant need prove only an honestly held belief that the child was at least 16. The belief need…

Where an offender is committed to the Crown Court under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000, section 7 confines the Crown Court to…

Evidence of earlier events may be admissible at common law to rebut a defence of mistake, accident or innocent association. Bad-character evidence may likewise…

In trials involving young or vulnerable complainants, cross-examination must be adapted so that the witness can give the best evidence of which they are…

Clear and reliable fresh evidence may establish that assets treated under the Proceeds of Crime Act 2002 assumptions as benefits of general criminal conduct…

A factual witness is not excluded from a criminal trial merely because the witness was present before giving evidence, although exclusion remains good…

Under Proceeds of Crime Act 2002, the recoverable amount ordinarily equals the offender’s benefit. The offender bears the burden of proving that the available…

For burglary by trespass, the prosecution must prove that the defendant knew that he lacked entitlement to enter, or was reckless because he did not care…

Where the applicable sentencing guideline supplies a range and there is no proper reason to depart from it, the sentencing court should sentence within that…

A prosecution under section 4(1) of the Protection from Harassment Act 1997 requires proof that the course of conduct amounted to harassment, in addition to…

A restraining order after an acquittal under Protection from Harassment Act 1997 may be made only where sound evidence establishes that it is necessary to…

A custodial sentence for prejudicing an investigation by disclosing a production order must mark the need to protect the confidentiality and effectiveness of…

Bad-character evidence may establish a propensity relevant to identification where the circumstances of a single previous conviction have real probative force…

An application to stay criminal proceedings for delay-based abuse of process is distinct from a submission of no case to answer. A stay is exceptional. It…

In confiscation proceedings, benefit is the total value of property or advantage obtained through relevant criminal conduct. It is not confined to net profit.…

A conviction is not unsafe merely because a judge does not rehearse documentary evidence orally in the summing up. A conventional judicial reminder is…

In a criminal prosecution, the Crown must disclose material which might reasonably be considered capable of undermining its case or assisting the accused, as…

A conviction is unsafe where jurors receive unreported, non-evidential material from a defendant concerning a defendant whose verdict remains to be decided…

A football banning order under Football Spectators Act 1989, section 14A(2), is not an automatic consequence of conviction for a football-related offence. The…

A sexual offences prevention order must be necessary, clear and proportionate. It may be made only to protect the public from a real, rather than remote, risk…

A court may impose a determinate sentence for offences committed by a life prisoner and direct that it begin when the prisoner’s minimum term ends, provided…

not stated in the judgment.

Under section 25(5) of the Identity Cards Act 2006, an honest belief that a false identity document is genuine does not, without more, constitute a reasonable…

In a criminal trial, the prosecution should ordinarily present its case at the outset and must not ambush a defendant with evidence that it could reasonably…

An offence of trafficking for exploitation under section 4 requires proof that, when arranging or facilitating entry, the defendant intended conduct contrary…

A defective or poorly structured summing-up does not make a conviction unsafe if, read as a whole, it sufficiently identifies the real issue, accurately puts…

For the third Class A drug-trafficking minimum sentence, a defendant’s youth when the qualifying offences were committed may amount to particular circumstances…

A conviction challenged as inconsistent with an acquittal is unsafe where the verdicts are logically irreconcilable and the only apparent reconciliation lies…

For sentencing for causing death by careless driving, a court may properly place the offending in the most serious guideline bracket where the driving falls at…

In sentencing for theft and damage to railway signalling cable, seriousness depends on culpability and on harm caused, intended or foreseeably risked. The…

For an offence under section 2(1)(a) of the Child Abduction Act 1984, the prosecution need prove an intentional or reckless taking whose objective consequence…

For a premeditated attack causing grievous bodily harm with intent, the applicable adult sentencing-guideline starting point may be five years’ custody rather…

Possession of a firearm without a firearm certificate under section 1(1) of the Firearms Act 1968 is an offence of strict liability, not absolute liability. A…

A decision not to prosecute may be reviewed at the request of a complainant. That review is an integral part of prosecutorial discretion, not merely a…

On an application under section 23 of the Criminal Appeal Act 1968, the appellate court may receive fresh evidence tendered by the Crown, but must remain…

On a criminal appeal based on fresh expert evidence, the Court of Appeal must first decide whether to receive the evidence under section 23 of the Criminal…

For an offence of assisting an offender under section 4(1) of the Criminal Law Act 1967, the prosecution must prove that the principal committed a relevant…

In assessing a text message under the hearsay regime in the Criminal Justice Act 2003, a court should identify the matter sought to be proved and ask whether…

A trial judge may respond firmly, but fairly, when a witness refuses to answer proper questions. The witness should be reminded of the legal obligation to…

In a transitional mandatory-life case, the court must determine the minimum term under Criminal Justice Act 2003, Schedule 22 and must not exceed the period…

Expert psychological evidence is admissible where it is capable of showing psychological injury consistent with the alleged offending. It is not inadmissible…

A Crown Court may convict a defendant, following an acquittal, of an alternative offence under section 6 of the Criminal Law Act 1967 only if that offence…

Under section 4A of the Criminal Procedure (Insanity) Act 1964, a jury may find that an accused did only the act charged as the offence. Particulars describing…

For sentencing sexual offences, definitive-guideline starting points and ranges allow flexibility. The listed aggravating features are not exhaustive. A…

Under section 71(6) of the Criminal Justice Act 1988, the court must order the lesser of the offender’s benefit and the amount appearing to be realisable. The…

A trial judge may invite a jury to use its common sense and draw an inference from facts proved in evidence. The direction is permissible where it identifies…

For an offence under section 4(1) of the Protection from Harassment Act 1997, the relevant course of conduct must amount to harassment. Proof of two or more…

For the offence under section 3ZB of the Road Traffic Act 1988, the prosecution need not prove fault or other blameworthy conduct in the defendant’s manner of…

Where hearsay is sought by a defendant because a witness cannot be found, admissibility should be addressed through a structured application of the Criminal…

A juror must decide a criminal case exclusively on the evidence heard in court. Independent internet research and communications about an unfinished case with…

Under Criminal Justice Act 2003, Schedule 21 provides starting points rather than inflexible sentencing compartments. The judge must make an individual…

In sentencing manslaughter by provocation, the court should treat the seriousness of the loss of life and the modern relevance of Criminal Justice Act 2003…

Component parts of an imitation firearm cannot conclusively be treated as component parts of a firearm where the evidence leaves a real factual issue about…

Self-defence and the statutory defence of reasonable force to prevent crime can, in principle, extend to force used against an innocent third party to prevent…

An accessory may be guilty of murder where, with the required intention and foresight, that person assists or encourages the principal offender. Under section…

A retrial is not rendered unfair merely because the prosecution calls a witness as truthful whose evidence supports an alternative allegation, while…

When sentencing a sole carer, a court must give the consequences of imprisonment for the children proper prominence under Article 8 of the European Convention…

An operator relying on an exemption from the licensing requirements in section 33(1)(a) and (b) of the Environmental Protection Act 1990 must satisfy…

Sentences for serious, professionally planned armed commercial robberies must reflect current sentencing practice and the fact-specific gravity of the…

Under section 46 of the Criminal Justice Act 2003, the power to continue an indictment after a jury has been discharged for tampering is additional to the…

Where the conditions in section 120 of the Criminal Justice Act 2003 are met, a complainant’s earlier complaint is evidence of the truth of what was said. It…

An expert’s qualitative assessment may be admissible without a statistical evaluation, provided it has a sufficient scientific foundation, is based on relevant…

In confiscation proceedings arising from tobacco smuggling, a person who neither held the goods at the excise-duty point nor caused them to reach it was not…

An agreed confiscation order is binding on a defendant unless exceptional circumstances justify intervention. An allegation of erroneous advice will not…

Where credible fresh evidence creates a real and substantial dispute about evidence central to a conviction, the appellate court must ask whether it might…

On a valid referral, the Court of Appeal must determine for itself whether the conviction is safe. The issue is whether the verdict is securely based, not…

Identification evidence is not rendered inadmissible merely because a witness first identified a suspect through an informal Facebook search. Even where the…

A criminal appellate court may correct a capricious jury-discharge decision that affects trial fairness. A discharge may nevertheless be proper where the…

Where the United Kingdom receives a mandatory life prisoner under the continued-enforcement procedure, it must adapt rather than convert the foreign sentence.…

A plea of autrefois convict or autrefois acquit bars a further prosecution only for the same offence in fact and law. Separate agreements may constitute…

For misconduct in public office, the requirement that the conduct be without reasonable excuse or justification expresses the requirement that it be culpable…

Under Criminal Justice Act 2003 section 78, evidence is compelling only if it is reliable, substantial and appears highly probative in the context of the…

For the purposes of section 78 of the Criminal Justice Act 2003, evidence is compelling if it is reliable, substantial and appears highly probative in the…

Inadmissible and prejudicial material mistakenly shown to a jury does not automatically require the jury’s discharge or render a conviction unsafe. The…

An offence under section 1(3A) of the Protection from Eviction Act 1977 requires the defendant’s actual participation. It does not impose vicarious criminal…

Evidence that a defendant viewed, collected or made indecent images of children may be admissible through gateway D as evidence of a sexual interest in…

Where a sexual-offence complainant is eligible for special measures, the trial judge must decide whether a measure will improve the quality of the evidence and…

Under section 23 of the Criminal Appeal Act 1968, the Court of Appeal must decide for itself whether fresh evidence renders a conviction unsafe. It does not…

A robbery conviction founded on a joint enterprise allegation of threatening with an imitation firearm is unsafe where an acquittal on the related firearm…

In confiscation proceedings, a defendant’s involuntary absence through illness does not automatically make continuation an abuse of process. The court retains…

A sentence of imprisonment for public protection under Criminal Justice Act 2003 section 225 could be imposed only if the applicable statutory condition was…

Those who carry, warehouse or mind class A drugs for supply will, save in the most exceptional circumstances, receive an immediate custodial sentence. Personal…

On a renewed application for leave to appeal sentence, a sentence for dangerous driving will not be treated as manifestly excessive where substantial…

A statutory age threshold defining sexual offences does not require a fundamentally different sentence for otherwise identical conduct occurring immediately…

An offender must be sentenced only for offences charged and proved. Conviction on specimen counts taken from an alleged wider course of sexual conduct does not…

Where a defendant has a criminal lifestyle, the court must apply the required assumptions under Proceeds of Crime Act 2002, subject to the safeguards where an…

Under Criminal Justice Act 2003 ss 114 and 115, a communication is hearsay only when it is adduced to prove a relevant matter stated and the maker had a…

Previous bad-character evidence may be admitted where it is relevant to a defendant’s association with, or access to, firearms connected with the alleged…

Jury impartiality is assessed objectively by asking whether a fair-minded and informed observer, considering the facts established after trial, would perceive…

In sentencing for unlawful wounding, the court must give proper weight both to the gravity of a weapon-inflicted injury and to substantial personal mitigation.…

Handling stolen goods worth less than £10,000 may cross the custody threshold where the handling has hallmarks of sophistication. A dealer who is trusted by…

For the criminal-lifestyle test in section 75(2)(c) of the Proceeds of Crime Act 2002, the relevant defendant must have committed the offence for at least six…

Where jurors obtain and discuss extraneous internet material, the appellate court must investigate whether it created a real risk of unfairness in the…

Where a juror leaves the jury room in distress and reports pressure from the foreman, the trial judge should investigate the matter openly, disclose the…

For an offence under section 5(3) of the Misuse of Drugs Act 1971, the intended supply must relate to the controlled drug of which the defendant is presently…

A summing-up must fairly and intelligibly present the substantial features of the defence case. Although the precise date alleged may not be legally material…

An appellate court assessing sentence must proceed on the information available to the sentencing judge and consider the offending, subsequent conduct and…

On an application for leave to appeal sentence, the court will not interfere unless the sentence is manifestly excessive or wrong in principle. Personal…

For a deliberate attempt to pervert justice by falsely identifying another driver, immediate custody will ordinarily be appropriate. The custodial starting…

In reviewing a custodial sentence for sexual activity with a child, the sentencing court must give discernible weight to a late guilty plea and to material…

For reckless criminal damage endangering life, conduct which creates toxic smoke, suppresses fire alarms and leaves other residents exposed to danger is…

A sentencing judge assessing dangerousness may rely on the underlying material in reports, including an offender’s attitudes, distorted perceptions and lack of…

A sentencing court must sentence for the offence charged and admitted. Where the evidence suggests a wider enterprise involving robbery or burglary, but the…

Dangerousness for an indeterminate public-protection sentence must be assessed by reference to the information available when sentence is imposed. Later…

On a post-conviction application for confidential third-party material, the Court of Appeal should follow a procedure equivalent to that in Criminal Procedure…

A joint trial of defendants charged from the same central facts should ordinarily proceed together. Severance under section 5(3) of the Indictment Act 1915 is…

Under the statutory minimum-sentence regime for prohibited firearms, exceptional circumstances must be assessed holistically. The court must weigh the…

A criminal trial is not rendered unfair merely because a material witness refuses to testify where the defendant has a fair opportunity to place that witness’s…

For a courier convicted of possessing a large quantity of very high-purity class A drugs with intent to supply, the sentencing starting point must reflect the…

Where an either-way offence is tried on indictment, the Crown Court is not bound to apply Magistrates’ Court sentencing guidelines. The difference between the…

A trial judge may leave provocation to the jury where the evidence arguably supports it, even though it conflicts with the defendant’s primary case, but should…

An extension of time to renew a criminal appeal ordinarily requires a good and exceptional reason. Delay caused by lawyers will not usually suffice, but…

A conviction is unsafe where an irregularity in earlier proceedings gives the prosecution an unfair opportunity to undermine a key defence witness on a central…

Deliberately planting incriminating material and using the police to procure an innocent person’s arrest is an exceptionally grave form of perverting the…

A criminal costs order must identify the statutory power on which it is based where more than one power may apply. The powers under Prosecution of Offences Act…

For the purposes of Youth Justice and Criminal Evidence Act 1999, sexually explicit online quiz activity may amount to sexual behaviour, although it involves…

For persistent and widespread railway graffiti, sentence must reflect the scale and cost of the damage, disruption and the need for deterrence. Repeated like…

Where an article is neither made nor adapted to cause injury, it is an offensive weapon under section 1 of the Prevention of Crime Act 1953 only if the person…

A Crown Court may impose a driving disqualification as an additional punitive sentence for a non-driving offence under the Powers of Criminal Courts…

Sentence for a knowingly false rape allegation must reflect its actual nature, consequences and foreseeability. A case in which the allegation is made against…

An adverse-inference direction under section 34 of the Criminal Justice and Public Order Act 1994 is permissible only where the judge identifies facts later…

Sentencing must adhere to an accepted basis of plea. In a large-scale cannabis-production operation, an offender who became involved only on arrival at the…

Where a defendant attacks a complainant’s character, the bad-character gateway in section 101(1)(g) of the Criminal Justice Act 2003 may permit the jury to…

When considering a community order for an offender who has spent time on remand, a sentencing court must give effect to all the statutory purposes of…

In an historic sexual-abuse trial, the summing up must remain even-handed and must not assume the defendant’s guilt. A judge must not endorse unsupported…

The Court of Appeal accepted the parties’ agreement that the original confiscation orders should be quashed. It substituted an order against each appellant for…

When an appellate court reviews a complaint that a summing-up was unbalanced, it must assess the summing-up and trial as a whole. A judge who rehearses…

In sentencing for knowingly exporting controlled military equipment, the court should assess the nature of the equipment, the quantity and value involved, the…

Where allegations by several complainants are not treated as cross-admissible, each allegation must be assessed on its own evidence. A warning about collusion…

A sentencing guideline for theft may assume that offending is motivated by greed or a desire to live beyond the offender’s means. Where that assumption does…

A defendant who has pleaded guilty is no longer a person charged for the purpose of section 53 of the Youth Justice and Criminal Evidence Act 1999, unless the…

An offence of doing an act tending and intended to pervert the course of public justice requires both the requisite intent and an act which creates a…

For the purposes of section 206(1)(c) of the Insolvency Act 1986, the composite expression book or paper is to be given a practical meaning which reflects…

After the 56-day period in section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 has expired, the Crown Court cannot make a substantive alteration…

A wasted costs order requires procedural fairness and a sound factual basis. The legal representative against whom an order is sought must receive notice of…

In sentencing for a large-scale drug-importation conspiracy, the starting point must reflect the scale and duration of the enterprise and the offender’s true…

A criminal prosecution brought after a long delay must be stayed for abuse of process if, and only if, the court is satisfied on the balance of probabilities…

Where significant failures in the handling of identification evidence and the police investigation are considered cumulatively, they may create a real doubt…

For dishonest expense claims, the loss is assessed by reference to the fraud actually perpetrated. A defendant cannot reduce that loss by showing that, had he…

In a rape case, grooming does not of itself negate consent. However, where a young complainant may lack full maturity and the evidence shows acquiescence…

A co-accused seeking to adduce another accused’s confession must satisfy the distinct admissibility conditions in section 76A of the Police and Criminal…

A defendant who seeks to replace publicly funded criminal representatives on the ground of a breakdown in the professional relationship must provide the…

When a suspended sentence is activated, time spent on remand before its imposition will generally be credited under section 240 of the Criminal Justice Act…

On a criminal appeal based on fresh evidence, the Court of Appeal must assess that evidence in the context of the case as a whole and decide for itself whether…

Evidence of a co-accused’s misconduct may fall within section 98(b) of the Criminal Justice Act 2003 where it is sufficiently connected with the investigation…

Under section 100 of the Criminal Justice Act 2003, a proposed alibi witness’s credibility may be a matter of substantial importance. The court must…

An undercover police officer may create an opportunity for an offence without thereby entrapping the person who takes it. The decisive question is whether…

Under Proceeds of Crime Act section 76(5), an offender who obtains a pecuniary advantage must be treated as obtaining money equal to that advantage. The…

Fresh evidence advanced on an appeal against sentence must be assessed for credibility, its capacity to provide a ground of appeal, and compliance with section…

Where fresh evidence is received on a conviction appeal, its admission does not determine the result. The appellate court must assess the evidence, decide the…

The totality principle applies where consecutive sentences include an offence subject to a statutory minimum term. The court must ensure that the aggregate…

Where evidence of earlier transactions is admitted because it may support an accused’s case that he lacked knowledge or suspicion, the jury must receive clear…

A deprivation order under section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 should ordinarily be confined to a simple and uncomplicated case.…

Under section 51A of the Firearms Act 1968, genuine ignorance that a bag or container holds a prohibited firearm or ammunition can amount to exceptional…

A count may properly be left to the jury where the prosecution evidence is capable of supporting the required inference safely. Once an alternative count has…

When sentencing historic sexual offences, a court may use the contemporary assessment of their gravity in the applicable Definitive Guidelines. It must…

Confiscation proceedings under Part 2 of the Proceeds of Crime Act 2002 are criminal in nature because they extend the sentencing process. They are not…

Sentencing guidelines guide, but do not compel, the imposition of an unjust sentence. The Court of Appeal may amplify or issue sentencing guidance where…

Fitness to plead is determined by the Pritchard criteria, as interpreted in Podola. The question is whether the defendant can plead and has sufficient…

The prosecution may call a witness whose evidence it accepts only in part, and may invite the jury to prefer one of conflicting accounts. It may not, however…

In unlawful act manslaughter, the fact that an act of violence caused death must receive greater weight in sentencing, even where the offender intended neither…

In sentencing rape, a victim’s lack of awareness because she was asleep is not mitigation. The absence of fear, resistance or immediate distress does not…

Fact-specific sentencing decisions may provide broad assistance but do not bind a sentencing judge unless they are guideline authorities. A judge is not…

In sentencing for manslaughter arising from prolonged child ill-treatment, the mitigatory effect of diminished responsibility depends on its timing and extent.…

Sentence for failing to comply with sexual-offender notification requirements must reflect the offence’s individual culpability and consequences. There is no…

A direction under section 34 of the Criminal Justice and Public Order Act 1994 must concern a fact later relied upon by the defence. It is inappropriate in…

Under section 8 of the Sexual Offences Act 2003, the relevant sexual activity is that of the child, not that of the defendant. Charges of intentionally causing…

A criminal conviction is unsafe where judicial interventions deprive the accused of a fair trial. The central question is qualitative, not numerical. The court…

A criminal prosecution should be stayed for abuse of process only where alleged wrongdoing by the executive has a sufficient connection with the trial, so that…

An acquittal prevents a further trial of the acquitted person, subject to the statutory exception, but does not generally prevent the Crown from alleging in a…

An article which retains all the characteristics of a flick-knife is an offensive weapon per se under section 1(4) of the Prevention of Crime Act 1953, even if…

Where an offender has spent substantial time on remand, a sentencing court should not impose a suspended custodial sentence with unpaid work if an immediate…

Under the Police and Criminal Evidence Act 1984, the discretion to exclude a co-accused’s conviction requires an assessment of the fairness of the proceedings…

The question whether a photograph is indecent is determined by an objective standard. A jury must apply recognised standards of propriety, or the standard of…

Deliberate failure to surrender to bail, accompanied by leaving the jurisdiction, is a serious offence which may justify a sentence towards the top of the…

In a sentence appeal following a Newton hearing, the fresh-evidence test applicable to conviction appeals does not govern. The appellate court must decide…

A trial judge may refuse severance where the counts are properly joined and suitable directions enable the defendant to receive a fair trial. Evidence relevant…

For confiscation of evaded excise duty, a defendant convicted of conspiracy must nevertheless be proved personally liable for the duty. Liability depends on…

An otherwise appropriate sentence must not be reduced merely to avoid automatic deportation. Sentences must remain commensurate with the seriousness of the…

A sentence for mortgage fraud will not be manifestly excessive where the offending was professionally planned, sustained over years, involved multiple…

A custodial sentence, including one suspended on conditions, must be proportionate to the offence. It must not be structured to create an additional incentive…

Where police have sufficient grounds to arrest a suspect, they should avoid a street identification and protect the witness from contamination. The first…

A jury determining under section 4A of the Criminal Procedure (Insanity) Act 1964 must decide the alleged act on admissible evidence. The bad-character regime…

Before charge, a restraint order under section 40(2) of the Proceeds of Crime Act 2002 requires evidence giving the judge reasonable cause to believe that the…

A continuing and wilful failure to give asset disclosure required by a restraint order may justify immediate imprisonment for contempt where the contemnor has…

A trial judge may permit cross-examination on prior inconsistent statements that are pertinent to the issues before the jury while refusing a wider inquiry…

In sentencing a conspiracy to import Class A drugs, the court may treat the quantities discussed as the conspiracy’s real ambitions where they are supported by…

For the transitional operation of the Proceeds of Crime Act 2002, a continuing offence is treated as committed on its earliest day. A conspiracy is complete…

For sentencing possession of cannabis with intent to supply, the quantity, commercial purpose and value of the drug are material. A higher-value form of…

Well-planned and resourced cannabis cultivation below industrial scale will ordinarily cross the custody threshold, even where the crop is genuinely for the…

Section 5 of the Indictments Act 1915 gives the trial court a broad power to amend an indictment, including by adding counts based on matters arising after…

For theft of railway signalling cable, sentencing may properly reflect the serious and nationally significant disruption, financial loss and safety risks…

A fraudulent omission to disclose a liability to tax can amount to cheating the public revenue. The resulting benefit includes tax payment avoided or deferred…

A criminal trial should be stayed for abuse of process because evidence has been lost only where the resulting prejudice is so serious that a fair trial is…

A discretionary life sentence remains available for manslaughter by reason of diminished responsibility, but will be rare. It is appropriate only in a…

A post-conviction ASBO under Crime and Disorder Act 1998, section 1C(2), must be tailored to the individual offender. The court must be satisfied that it is…

Recognition evidence from a witness who knows a defendant may be admitted to identify a person shown on CCTV, provided the jury can properly assess its…

Leave to arraign a defendant after the two-month period for a court-ordered retrial requires satisfaction of both conditions in section 8(1B) of the Criminal…

When a suspended sentence is activated, prior remand custody must normally be credited under section 240 of the Criminal Justice Act 2003. The activation court…

An arrangement under section 328(1) of the Proceeds of Crime Act 2002 must facilitate the acquisition, retention, use or control of property which is already…

A refusal by the Crown Court to vary a sexual offences prevention order is capable of being a sentence for the purposes of an appeal. Under section 110(3)(a)…

A definitive sentencing guideline must be applied, but it is not exhaustive or insulated from later developments. Under section 125 of the Coroners and Justice…

A mercy killing reduced to manslaughter by diminished responsibility remains an unlawful killing which requires punishment. Sentencing must nevertheless…

Fresh evidence should be admitted under section 23(2) of the Criminal Appeal Act 1968 where the statutory conditions are met. Its ultimate significance is…

A conviction is unsafe where material obtained after trial undermines the integrity of the investigation and calls into question important prosecution…

In confiscation proceedings under the Proceeds of Crime Act 2002, the seriousness or importance of an offender’s role in a conspiracy does not itself establish…

An order postponing fair and accurate reporting under section 4(2) of the Contempt of Court Act 1981 is a last resort. The court must identify a real, not…

A beneficiary’s vested life interest in possession in an identified share of a trust fund is free property for confiscation purposes under the Proceeds of…

A statutory order for trial on indictment by judge alone concerns the mode of trial, not the determination of criminal liability. Where the conditions in…

A conviction is unsafe where a retiring jury inadvertently receives material not admitted against the defendant and that material is capable of affecting a…

The common-law offence of escape from lawful custody extends to a person who escapes police custody after arrest. It does not extend to a person who flees…

A trial judge may admit delayed video-identification evidence and a witness’s post-procedure comments where the jury need the full sequence to assess evidence…

On a criminal retrial, section 7(2) of the Criminal Appeal Act 1968 does not impliedly remove the trial judge’s power under section 5(1) of the Indictments Act…

For theft under the Theft Act 1968, an item does not cease to be property because its possession is unlawful. Factual possession or control is sufficient for…

A confiscation assessment cannot treat evaded duty as a defendant’s benefit merely because the defendant was convicted of being knowingly concerned in its…

In a minimum-term assessment under Schedule 22 to the Criminal Justice Act 2003, the court remains bound by the jury’s verdict. It cannot use sentencing to…

In a fresh-evidence appeal, the court must decide for itself whether the conviction is unsafe. It must evaluate the reliability and importance of the evidence…

Expert comparison evidence may be admitted where the relevant expertise is sufficiently recognised, the witness is qualified, and the foundation for the…

On a submission of no case to answer, the judge must assess the prosecution evidence as a whole. In a circumstantial case, the question is whether a properly…

A trial judge must direct jurors at the outset that they may decide the case only on evidence heard in court and may discuss it only privately with fellow…

An appeal based on allegedly inconsistent verdicts succeeds only where the appellant shows both a logical inconsistency and that no legitimate, sensible chain…