Court of Appeal (Criminal Division) judgments, 2023

An extension of time to seek leave to appeal should be refused where the proposed grounds disclose no arguable error and extending time would serve no useful…

A criminal behaviour order may be made under Sentencing Act 2020, section 331(2), where the statutory threshold is met and the court considers that the order…

Where separate drug offences cause separate harm, concurrent sentences may be appropriate, but the lead sentence must be adjusted if concurrency alone fails to…

Where imprisonment for public protection is discretionary, the sentencing court must consider whether an extended sentence and other protective measures would…

Pending definitive Sentencing Council guidance, sentencing for small-boat facilitation under section 25(1) of the Immigration Act 1971 requires a structured…

For the purposes of Sexual Offences Act 2003, the reasonableness of a belief in consent is assessed objectively in all the circumstances. A defendant’s autism…

A sentencing guideline applies to an offence committed before an increase in the statutory maximum, subject to the maximum applicable when the offence was…

A conviction is not rendered unsafe merely because inadmissible material was inadvertently heard by the jury. The decisive question is whether the trial…

For the purposes of Rule 33(5)(a) of the Armed Forces (Court Martial) Rules 2009, “proceedings” may encompass the criminal process from charging and allocation…

On an Attorney General reference for undue leniency, a sentencing court must apply the relevant sentencing guidelines unless it finds that departure is in the…

When sentencing a child or young person, the court must apply the substance of the Overarching Guideline. It must consider the pre-sentence report, assess…

Whether an item is a firearm is assessed when it was possessed. It remains a firearm if only minor, non-specialist repair is needed before it can discharge a…

A restraining order made following an acquittal is a civil order directed to future risk. It may be made only where the statutory condition of necessity is…

Applications for leave to appeal out of time should be refused where delay is unexplained and the proposed grounds are not reasonably arguable. A single…

For offences involving the encouragement of terrorism or dissemination of a terrorist publication, the encouragement inquiry is objective. The material must be…

A conviction is not unsafe merely because disclosure was imperfect. An appellant must identify material capable of affecting the safety of the verdict; the…

Section 4(1)(c) of the Fraud Act 2006 contains one overarching ingredient of intention to cause a financial impact. The alternatives of gain, loss and risk of…

In an identification case, the trial judge must withdraw the case only where the evidence, taken at its highest, could not permit a reasonable jury properly…

Where a criminal appellate judgment and order are unclear about how concurrent and consecutive sentences combine, and that lack of clarity creates uncertainty…

A sentencing court must sentence an offender only for the offence of conviction or plea. It errs in principle if it selects a sentencing category and imposes…

In sentencing for multiple child-harm offences, the court must apply the totality principle and give proper effect to relevant mitigation. Limited mental and…

The availability of a suspended sentence for a custodial term of two years does not make suspension appropriate. For serious street-level supply of Class A…

Expert psychiatric or psychological evidence about a witness’s credibility is admissible only where it explains a disorder or abnormality that may cause…

For an arrangement offence under section 328 of the Proceeds of Crime Act 2002, the property must already be criminal property because of completed criminal…

An offender must be sentenced only for offending proved or admitted. That does not prevent a sentencing court from using prosecution evidence about uncharged…

When selecting a sentence from a guideline starting point, the court must weigh all relevant aggravating and mitigating features before applying the reduction…

On a sentence appeal, the question is whether the overall sentence is manifestly excessive or wrong in principle. For multiple serious offences, the court must…

The statutory partial defence of loss of control must be left to the jury where there is sufficient evidence Sexual infidelity cannot itself be a qualifying…

A defendant seeking the maximum reduction for a guilty plea must give a clear and unequivocal indication that he will plead guilty to the offence charged. A…

On a renewed application for leave to appeal, the decisive question on conviction is whether an asserted irregularity can render the conviction unsafe.…

Under gateway (f) in the Criminal Justice Act 2003, an accused creates a false impression by an express or implied assertion apt to mislead the court or jury.…

Where an operative Sentencing Council definitive guideline applies, a sentencing court should follow it unless the interests of justice make that…

Fresh evidence on a criminal appeal is admitted only where it is necessary or expedient in the interests of justice, having regard to the statutory factors…

A sentence of immediate imprisonment remains appropriate where the seriousness and danger of the offending require it, notwithstanding substantial personal…

On an appeal against sentence, the sentencing judge must identify the relevant guideline category and explain the reasons for the sentence and its effect. An…

A conviction will not be rendered unsafe by late disclosure where further inspection time was adequate and there was no evidential basis for a wider disclosure…

In sentencing a leading participant in a cocaine conspiracy, a court may impose a sentence above the ordinary category 1 guideline range where the operation…

When sentencing for multiple sexual offences, the guideline category and starting point for a single offence are only the beginning. The court must make a…

For unlawful-act manslaughter, a single punch may properly fall within Category B high culpability where its force creates a high risk of grievous bodily harm…

In sentencing for conspiracy to steal catalytic converters, removal of a converter may cause significant additional harm because it effectively disables the…

A sentencing court must explain both its reasons for sentence and its effect. It must identify the applicable guideline category and give the defence an…

When an applicant seeks a substantial extension of time to apply for leave to appeal against conviction, the court considers both the merits and the delay. An…

In assessing sentence for a leading role in a category 1 cocaine conspiracy, the extent to which the drug quantity exceeds the guideline benchmark is not a…

Admission of anonymous hearsay under section 114(1)(d) of the Criminal Justice Act 2003 requires a holistic interests-of-justice assessment. The court must…

The common-law offence of misconduct in public office requires a significant nexus between the office and the conduct. Conduct need not occur on duty or form…

Where consecutive sentences are imposed for distinct offences, the court must ensure that the overall sentence is just and proportionate. It must not simply…

An extended sentence may be imposed where an offender presents a real danger to the public, even where the custodial term is lengthy. An extended licence…

For harassment sentencing, conduct falls within the highest culpability category where the extreme nature of the relevant culpability factors is shown by…

When sentencing for offences committed before an earlier sentence, the court must ensure that the aggregate sentence is just and proportionate, taking the…

For dangerous driving, a finding of Category 1 harm may be justified by property damage caused during the offending, even where the damage is limited. The…

In sentencing connected firearms, drug-supply and criminal-property offences, the court may impose consecutive terms for the distinct groups of offending. It…

In sentencing for wounding with intent, domestic abuse, the domestic setting and alcohol consumption may materially aggravate the offence. Positive character…

A trial judge need not isolate every uncontentious element of an offence in a separate question on a route to verdict. Directions are sufficient where, read…

For an offender under 18, detention exceeding the two-year maximum for a detention and training order is available under the Sentencing Act 2020 only for an…

A statutory minimum sentence for possession of a prohibited firearm cannot be reduced to reflect a guilty plea unless exceptional circumstances relating to the…

Under sections 54 and 55 of the Coroners and Justice Act 2009, the judge must rigorously and sensibly assess all the evidence and ask whether a properly…

A criminal defendant must be free to decide whether to plead guilty by reference to legal advice and personal choice. A judge must not give an unsolicited…

In reviewing a minimum term for murder, the appellate court may uphold a finding of intention to kill where it is supported by the nature and extent of the…

A sentence is unduly lenient only where it falls outside the range that a judge, taking account of all relevant factors, could reasonably regard as…

On an appeal against sentence, the issue is whether the sentence was manifestly excessive or wrong in principle. In a most serious, commercial-scale drug…

In sentencing young offenders for murder, the lower starting point under Sentencing Act 2020, Schedule 21 reflects youth to a substantial extent, but the court…

Where a person subject to hospital and restriction orders is remitted for trial after the Secretary of State is satisfied that the person can properly be…

For fraud by false representation under the Fraud Act 2006, knowledge that a representation was or might be untrue or misleading is a discrete element from…

In sentencing a lesser-role offender for direct street supply of Class A drugs, the court must adjust the guideline starting point to reflect the actual…

The totality principle requires the overall sentence to reflect all offending, relevant aggravating and mitigating factors, and personal factors, while…

The normal starting points in Schedule 21 to the Sentencing Act 2020 are guides to seriousness, not inflexible tariffs. The sentencing judge must assess…

Where a court imposes a driving disqualification and custody for the same offence, Road Traffic Offenders Act 1988 section 35A requires an extension period.…

An appellate court may reduce a sentence only where it was wrong in principle or manifestly excessive. The review concerns whether the punishment fitted the…

An arguable ground is not, by itself, sufficient to justify extending time for a criminal appeal. The court must assess the interests of justice, including…

An offender relying on the text procedure for a reduction in sentence must provide, or at least offer, assistance to law-enforcement authorities before…

A positive requirement in a sexual harm prevention order must be necessary for the statutory protective purpose, proportionate, sufficiently clear, and capable…

Deficient legal representation, however serious as a matter of professional conduct, does not itself make a conviction unsafe. The appellate question is…

Fresh evidence will be admitted on a criminal appeal only where admission is necessary in the interests of justice and the statutory conditions are met. Under…

An exceptionally late criminal appeal requires a good reason for every period of delay. The public interest in finality is strong, and a long extension will…

A direction under section 34 of the Criminal Justice and Public Order Act 1994 requires careful identification of the facts allegedly omitted, the…

On a sentence appeal, a difference between co-defendants’ minimum terms does not itself establish error. The appellant must show unfairness of the kind that…

A very long extension of time for a criminal appeal requires a good reason for every period of delay, assessed against the strong public interest in finality.…

For causing death by dangerous driving, the highest sentencing category and a sentence close to the statutory maximum may be justified by exceptionally grave…

When setting a minimum term for a mandatory life sentence, the court must assess the seriousness of the offence together with any associated offences and apply…

Where a renewed application for permission to appeal sentence advances reasonably arguable grounds, permission may be granted. In a case involving a fatality…

On an appeal against conviction, the question is whether the conviction is unsafe. A summing-up need not be perfect: the possibility of improvement does not…

In a reference under section 36 of the Criminal Justice Act 1988, a sentence is unduly lenient only if it falls outside the range that a judge, applying all…

A sentencing reduction for information or assistance to law-enforcement authorities is a pragmatic reward serving the public interest. It is available under…

Where a county-lines drugs operation forcibly exploits vulnerable children and young people as runners, the resulting modern-slavery offending is a serious and…

Failure to disclose a negative identification procedure, resulting in a false agreed fact being placed before the jury, is a material error. The question…

An appellate court will not interfere with an extended sentence that properly reflects the offender’s youth, mental-health difficulties, the totality…

Bad-character evidence must show a propensity to commit offences of the kind charged, not merely a general propensity to commit sexual offences. A conviction…

For a defendant under 18, the defence in section 45(4) of the Modern Slavery Act 2015 does not require proof of compulsion. The act must instead be a direct…

Suspension is not excluded merely because an offence involves the supply of Class A drugs. The sentencing court must assess the seriousness of the offence…

For conduct before the express extra-territorial provisions took effect, an English court may try an offence under Serious Crime Act 2015, section 76, where a…

An extension of time for renewing a criminal leave application may be granted where the delay is explained and there are arguable grounds such that hearing the…

In sentencing for multiple substantial conspiracies, a judge may use either an uplift to a lead offence or consecutive sentences. The structure must reflect…

A trial judge may comment on the evidence, but the summing-up must remain objectively fair and balanced. The judge must not appear to advocate for either side…

On an appeal against sentence, the court will not interfere where the sentencing judge has applied the relevant guideline, considered the basis of plea and…

Where an offender with a mental disorder is to receive a custodial sentence, the court must consider the likely effect on the disorder and available treatment…

Breaches of Code of Practice D do not automatically require recognition evidence to be excluded. The court must assess the extent and significance of the…

When fixing a minimum term for murder under Sentencing Act 2020, the court must begin with the applicable Schedule 21 starting point and then assess…

When sentencing an adult for offences committed while under 18, the court must apply the Children Guideline unless that would conflict with the interests of…

In sentencing multiple serious firearms offences, the guideline range for a single offence does not prevent a court from imposing a higher notional sentence…

When several firearm or ammunition offences arise from possession, consecutive sentences should not be imposed merely to evade the statutory maximum. The court…

For an extended sentence, the statutory test is a significant risk to members of the public of serious harm through further specified offences. Some continuing…

Where aggravating features justify movement within a sentencing guideline range, a sentence above that range requires a sound additional justification. The…

The Court of Appeal has jurisdiction to order payment of costs out of central funds even when leave to appeal has been refused. That jurisdiction is…

In confiscation proceedings involving a defendant with a criminal lifestyle, statutory assumptions about property transferred after the relevant day and…

In sentencing for serious and repeated sexual offending against children, an absence of relevant previous convictions may carry little mitigating weight. A…

The totality principle does not require all sentences for related offending to run concurrently. Consecutive sentences are ordinarily appropriate for offences…

When sentencing a young adult, reaching 18 is not a sentencing cliff edge. The offender’s youth and degree of maturity may continue to inform the sentence. In…

In sentencing for arson reckless as to whether life was endangered, a judge may place the offence in the highest harm category where victim evidence…

A sentencing court must follow the relevant guideline in force when sentence is imposed, unless departure would be contrary to the interests of justice under…

On a renewed application for leave to appeal against conviction, grounds must disclose an arguable basis for concluding that the conviction is unsafe. A…

Where the conditions for a life sentence under section 285 of the Sentencing Act 2020 are met, and the seriousness of the offence or associated offences…

An irregularity in handling a jury note may make a conviction unsafe where it creates a direct conflict between a juror and the defendant on an issue bearing…

Where a defendant’s reasonable belief about a decoy correspondent’s age is in issue, the jury must assess any actual belief in the light of all relevant…

Section 4(3)(b) and section 4(3)(c) of the Misuse of Drugs Act 1971 create distinct offences. A charge under section 4(3)(b) requires proof that the defendant…

Where self-defence is raised, the prosecution bears the burden of proving that the defendant was not acting lawfully in self-defence. This includes proving…

When sentencing a conspiracy to supply controlled drugs, the guideline for supplying or offering to supply may be relevant. The sentencing judge may assess the…

In sentencing for multiple grave and distinct offences, the court must apply totality by assessing the overall term against the appropriate notional sentences…

A Watson direction should be exceptional. It should ordinarily be given only as a last resort after a prolonged jury retirement and after the majority-verdict…

A trial may proceed in an absent defendant’s absence only if the court is satisfied that the defendant has waived the right to attend and that the trial will…

When sentencing for conspiracy to commit burglary, the court may take account of all relevant circumstances, including facts forming part of an aggravated…

Where the Court of Appeal orders a retrial under section 7 of the Criminal Appeal Act 1968, the Crown Court’s jurisdiction is conditional upon compliance with…

For sustained child cruelty involving several young victims, sentencing may properly use consecutive terms, but the aggregate must remain just and…

An appellate court will not interfere with an immediate custodial sentence merely because a suspended sentence was available. The question is whether the…

An adjournment for a pre-sentence report does not, by itself, create a legitimate expectation of a non-custodial sentence. The court must consider the whole of…

When sentencing a conspiracy to possess a firearm by reference to the guideline for the substantive offence, harm is assessed in its full context. The…

An unequivocal guilty plea made with legal advice and full knowledge of the prosecution evidence ordinarily prevents a later challenge to witness credibility…

The absence of an intention to kill may mitigate a minimum term for murder, but it does not do so automatically. Its significance depends on the particular…

A submission of no case to answer succeeds where no properly directed jury could convict on the prosecution evidence taken at its height, or where the evidence…

Where a circumstantial case contains mutually corroborative evidence of association, movements, communications, forensic links and other conduct, its…

Where no offence-specific sentencing guideline exists, appellate decisions provide useful guidance, but sentencing must remain individual and non-mechanistic.…

Evidence is admissible only where it is logically probative of a fact in issue. A defendant’s unchallenged account of a mental disorder does not make expert…

For repeat qualifying weapon offences, the statutory minimum custodial term may be displaced only where the circumstances are truly exceptional. The court must…

A conviction is unsafe where a jury’s deliberations may have been improperly influenced by extraneous material which was not tested in the trial process. The…

A defendant who deliberately remains abroad in breach of an obligation to surrender to custody cannot ordinarily insist on participating in criminal…

When applying the rape sentencing guideline, a sentencing judge may take account of the factors which justify placing harm in a higher category when deciding…

When sentencing an adult for historic offending committed as a child, the court should identify the sentence likely to have been imposed under the historic…

When fixing the minimum term for a discretionary life sentence, section 82 A of the Powers of Criminal Courts (Sentencing) Act 2000 required the court to take…

In manslaughter sentencing, an acquittal of murder does not prevent a finding of very high culpability where the offender intended serious violence and played…

On an appeal against sentence, the court must assess each sentence against the applicable guideline and then review the aggregate sentence under the principle…

For extraterritorial sexual-offence jurisdiction under section 72(3) of the Sexual Offences Act 2003, the foreign-law condition concerns whether the conduct…

When deciding whether an offender is dangerous, a sentencing judge is not bound by psychiatric or probation assessments. The judge may depart from them where…

Before imposing immediate custody for an offence which crosses the custody threshold, a sentencing court must consider the available non-immediate…

In sentencing an attempted robbery, the court must recognise its inchoate nature. An attempt does not attract the same punishment as the completed offence, and…

For confiscation purposes, a person holds land only if they have a legal estate, beneficial interest or power within Proceeds of Crime Act 2002, section 84.…

All kidnapping offences are serious. Their seriousness is assessed by considering the length of detention, the circumstances and method of restraint, violence…

A restraining order following an acquittal under section 5A(1) of the Protection from Harassment Act 1997 may be made only where the court considers it…

An erroneous Court Extract or sending sheet does not necessarily deprive the Crown Court of jurisdiction. The decisive question is what order the magistrates…

An intoxication direction should ordinarily be given where sufficient evidence of drunkenness, viewed realistically and holistically, could raise an issue…

Leave to appeal should be granted where grounds challenging the admission and use of bad-character evidence, or the adequacy of the evidential basis for…

In a criminal appeal, proceedings may continue in the defendant’s absence where his conduct makes timely attendance impracticable, provided the judge considers…

When sentencing historic sexual offending, the court may have measured regard to the current sentencing regime, but the sentence must remain within the maximum…

For inconsistent criminal verdicts to render a conviction unsafe, the appellant must show that no reasonable jury, properly applying its mind to the evidence…

Delay in criminal proceedings and prison overcrowding do not, without more, require a substantially reduced or suspended sentence. The sentencing court must…

When sentencing a child or young person, the court must adopt an individualised, youth-focused approach. It should consider the general youth sentencing…

Under section 5 of the Indictments Act 1915, an indictment is defective where it alleges offending that the evidence cannot support. The power to amend is…

A jury may use ordinary aids such as a magnifying glass to examine evidence already properly before it. Such aids differ from equipment designed to enable…

Where a stabbing causes injuries that could readily have caused death, the harm properly falls within category 1. A knife is a highly dangerous weapon for the…

In sentencing appeals, an error in selecting the guideline starting point for a concurrent lesser count does not necessarily invalidate the overall sentence.…

A criminal judge must remain impartial and must not descend into the arena or appear to act as an advocate. A summing-up must fairly and objectively present…

Directions warning that a complainant’s distress does not necessarily confirm the truth of the evidence, and that the case should be tried dispassionately, are…

The totality principle requires the overall sentence for multiple offences to reflect the total offending, overall harm and culpability, relevant aggravating…

For an adult passenger convicted of arriving in the United Kingdom without valid entry clearance contrary to section 24(D1) of the Immigration Act 1971, the…

Where a sentencing appeal concerning an offender sentenced as a child raises a potentially material failure to follow the youth-sentencing approach, the…

In a sentencing appeal involving several offences, the court must stand back and assess the offending in the round. The relevant question is whether the…

Where an offender was a child when the offence was committed but has crossed an age threshold by conviction or sentence, the court should begin with the…

Abuse of trust aggravates a sexual offence only where the relationship gives the offender a significant level of responsibility towards the victim on which the…

For robbery sentencing under the relevant guideline, a brief threat with an uncapped needle does not of itself establish psychological harm beyond minimal…

A Serious Crime Prevention Order is a preventative measure, not an additional sentence. It may be made only where the statutory threshold is met: the court…

When fixing sentence for a serious assault, the court must give a material and individualised reduction for relevant mitigation, including previous good…

Where fraud sentencing falls within a guideline harm category, the court may move to a higher category if the offence has caused a serious detrimental effect…

In a sentence appeal involving serious sexual offences against children, sentence must reflect the actual offending, totality and the risk prevented by…

A compensation order must be realistic. The court must be satisfied that the offender has, or will have, the means to pay it within a reasonable time. It must…

The decision whether to suspend a custodial sentence is a balancing exercise. Serious Class A drug offending may justify immediate custody in many cases, but…

Where a co-defendant’s conviction is admissible under section 74 of the Police and Criminal Evidence Act 1984, exclusion under section 78 depends on the…

Under section 36 of the Criminal Justice Act 1988, a sentence is unduly lenient only if it falls outside the range reasonably open to the first-instance judge.…

For murder sentencing under Sentencing Act 2020, Schedule 21 requires the court first to select the applicable starting point and then to assess aggravating…

Sentencing must apply the relevant guideline without double-counting features already reflected in the offence categorisation. High value already included in…

Fresh evidence relied on under section 23 of the Criminal Appeal Act 1968 must be admissible. Evidence consisting of a non-expert comparison of alleged…

Under the pre-amendment minimum-sentence regime in the Sentencing Act 2020, the prescribed custodial term must be imposed unless particular circumstances…

Where section 34 of the Criminal Justice and Public Order Act 1994 is not engaged, it does not automatically require a direction that no adverse inference be…

Under section 313(2A) of the Sentencing Act 2020, the seven-year minimum term for qualifying repeat class A drug-trafficking offending may be disapplied only…

A child victim of modern slavery may rely on the statutory defence in section 45(4) of the Modern Slavery Act 2015 where the offending was a direct consequence…

In sentencing for causing death by dangerous driving, deliberate and flagrant acceleration after passing a speed camera may be treated as an aggravating…

A renewed application for permission to appeal sentence will be refused where the sentencing judge considered the offender’s medical condition and no…

In sentencing a young and vulnerable offender, psychological harm already reflected in the applicable harm category should not generate a further uplift above…

When sentencing for causing death by careless driving while over drink or drug limits, the applicable guideline requires separate assessment of the overall…

The partial defence of loss of control requires sufficient evidence from which a properly directed jury could reasonably conclude that it might apply. A…

An abuse-of-process ruling made at a preparatory hearing is, in principle, appealable as a question of law relating to the case under the Criminal Procedure…

A jury direction on delay in reporting alleged offences is fact-sensitive and is not automatically required. Where the defendant does not suggest that delay…

Serious procedural shortcomings do not make a conviction unsafe unless they have caused unfairness that the trial process could not remedy. Late disclosure may…

A category 1 abuse-of-process stay for missing evidence depends on whether the accused can have a fair trial, assessed by the actual effect of the missing…

On a reference for an unduly lenient sentence under section 36 of the Criminal Justice Act 1988, the court must ask whether the sentence falls outside the…

The former rule preventing experts from expressing an opinion on the ultimate issue is no longer a rule of law. An expert may address that issue where the…

In sentencing for a Class A drugs-supply conspiracy, the guideline category must reflect the individual offender’s role, rather than the scale of the overall…

When sentencing for multiple firearm-possession offences, culpability and harm must be assessed by reference to the applicable guideline and the evidence as a…

A disclosure failure does not of itself make a conviction unsafe. The court must scrutinise the material and the disclosure process carefully, applying the…

Sentencing guidelines must be followed rationally and with clear explanation of any significant movement from the guideline starting point. A court must avoid…

An appellate court may approve a consent order resolving an appeal against an enforcement receivership order. Where the agreed terms alter the declared…

For culpability under the Sentencing Guidelines, whether an offence involves a significant degree of planning is fact-sensitive and is a matter of judgment and…

The common-law offence of preventing a lawful and decent burial normally requires custody, save in exceptional circumstances. Sentencing must distinguish an…

When sentencing historic sexual offences, current sentencing guidelines may be used as a comparator, but the court must make a real adjustment for the…

In a sentence appeal, the decisive question is whether the overall sentence, however structured, is manifestly excessive. A sentencing guideline range does not…

Under the sentencing guideline for prohibited firearms, the choice between Table 1 and Table 2 at step two depends on whether the offence attracts a statutory…

Where sentencing remarks do not explain how mitigation and aggravation affected the notional sentence, the appellate court may conduct the sentencing exercise…

There is no absolute prohibition on judicial or prosecutorial comment on a defendant’s failure to call a potential defence witness. The trial judge retains a…

Fresh scientific evidence may render convictions based on identification unsafe where it both materially weakens the identification case and implicates another…

When sentencing both a substantive offence and a money-laundering offence under the Proceeds of Crime Act 2002, the court must apply totality. If the…

When sentencing a young adult for serious violence, the court must apply the relevant offence-specific guideline and may depart from it only where the…

A conviction is unsafe only where the matters raised on appeal arguably undermine its safety. An alleged failure by trial representatives to advance or…

Under the handling stolen goods sentencing guideline, possession of very recently stolen goods from a domestic burglary or robbery may establish high…

In sentencing for multiple offences, the court may adopt the most serious offence as the lead offence and increase the sentence to reflect separate…

Where an offender is dangerous, a life sentence may be justified if the seriousness of the offending requires it. The sentencing court may properly rely on the…

Sentencing for intentional or reckless public nuisance committed through non-violent protest is fact-sensitive. There is no rule that conscientious protest…

Under Criminal Appeal Act 1968, section 33 permits a further appeal only from a Court of Appeal decision on an appeal pursued with leave and determined on its…

When deciding whether to suspend a custodial sentence, the sentencing court must weigh the relevant guideline factors as an evaluative whole. It should…

A driving disqualification runs from the date it is imposed and cannot be backdated. An interim disqualification is subject to a six-month limit, and the later…

A stay for abuse of process under the second limb of R v Horseferry Road Magistrates ex parte Bennett is an exceptional remedy. Where a fair trial remains…

For breaches of a Sexual Harm Prevention Order causing or risking little or no harm, repeated offending may support culpability category B and the appropriate…

A prosecution will not ordinarily be stayed for abuse of process after a representation of non-prosecution unless the representation was unequivocal, made by…

A severe burglary sentence is not manifestly excessive merely because it reaches the top of the applicable guideline range. Where previous domestic burglary…

A sentence is unduly lenient only if it falls outside the range which a judge, applying all relevant factors, could reasonably regard as appropriate. In…

When determining a submission of no case to answer, a judge must assess the prosecution evidence as a whole and must not rely on a wholly self-serving…

For diminished responsibility, a diagnosis of a recognised medical condition is insufficient by itself. The defence must prove, on the balance of…

Where a mental disorder has lowered an offender’s culpability, it must be given effect as mitigation under Sentencing Act 2020, Schedule 21, paragraph 10c.…

Alleged police misconduct does not, by itself, make a conviction unsafe. The court must assess whether fresh material undermines the conviction in the light of…

In a sentence appeal for manslaughter, the guideline category must reflect the factual circumstances, including the force used and whether a high risk of death…

A sentencing court must follow the relevant offence-specific guideline unless it is satisfied that doing so would be contrary to the interests of justice. An…

An out-of-time renewed application for leave to appeal requires a very good reason for the delay. The hurdle is higher where the applicant also seeks to vary…

Forensic footwear evidence which does no more than show that a defendant’s shoes cannot be excluded as the source of a mark may nevertheless have probative…

Evidence about a deceased person’s alleged violent character is admissible under the Criminal Justice Act 2003, section 100 only if it satisfies one of the…

Where offences were committed by a 17-year-old but sentence is passed after adulthood, the court should first identify the appropriate adult sentence and then…

Under section 54 of the Coroners and Justice Act 2009, the partial defence of loss of control should be left to the jury only where sufficient evidence…

For manslaughter by a single punch, guideline culpability depends on the offender’s intended harm and awareness of risk, rather than the eventual fatal…

An appellate court will not quash a conviction for late or non-disclosure where the material, considered individually and collectively, would not have affected…

In sentencing an offender whose conduct arose from violence involving self-defence or defence of another, the sentencing judge may recognise elements of…

In a domestic-burglary case subject to a mandatory minimum term, sentence may be deferred only where the court can make clear that compliance with the…

For the partial defence of loss of control to be left to a jury, the evidence must be sufficient to raise the issue. A violent or uncontrolled encounter does…

Where an indictment contains distinct counts, the jury must be directed to consider each count separately unless the court expressly makes one count…

A rape offence involving a significant degree of planning falls within Culpability A under the offence-specific sentencing guideline. The extreme impact of a…

In sentencing a conspiracy to supply controlled drugs, the definitive guideline applies but does not impose a rigid formula. The court must assess culpability…

An interlocutory appeal under section 35 of the Criminal Procedure and Investigations Act 1996 lies only from a ruling made at a formally ordered preparatory…

A murder committed after a delay between the causative act and the victim’s death is committed when all its elements, including death, are proved. The offence…

Separate serious offences against different victims may properly attract consecutive sentences. However, the totality principle requires the aggregate sentence…

For murder based on tying up and abandoning a victim, the relevant mens rea is the defendant’s intention when the victim was restrained. The precise time of…

A Sexual Harm Prevention Order may be made only where it is necessary to protect the public from a real risk of sexual harm through further specified…

When sentencing sexual offences, the Sentencing Council guideline must be applied unless the court finds that it would be in the interests of justice not to do…

In sentencing a guideline assault as the lead offence, multiple high-culpability factors may justify an uplift from the guideline starting point before further…

Under the Criminal Justice Act 2003, section 101(1)(d) admits a defendant’s bad-character evidence when it is relevant to an important matter in issue, subject…

A breach of European Convention on Human Rights and Fundamental Freedoms, Article 4 does not itself make a prosecution unlawful or a conviction unsafe. The…

When sentencing a child or young person, the court must give primary weight to preventing offending and to the child’s welfare. It must apply the relevant…

In a sentence appeal involving serious drug offending, a sentence above the top of the applicable guideline range may be justified by the duration and scale of…

A sentence disparity provides a ground for appellate intervention only where it is unfair and inexplicable, so that a properly informed observer would conclude…

In an Attorney General reference concerning a murder sentence, the Court of Appeal must take an overall view while following the procedure required by the…

Old and dissimilar previous convictions should not aggravate sentence where a lengthy offence-free period substantially reduces their relevance. The court must…

Under paragraph 4 of Schedule 21 to the Sentencing Act 2020, carrying a knife from a house or flat into an external area will normally amount to taking it to…

A section 34 direction is unnecessary where a defendant’s prepared statement clearly sets out the defence and the prosecution does not rely on omissions from…

When sentencing offences committed before other offences for which the offender has already been sentenced, the court must first identify the proper sentence…

A criminal conviction is unsafe where judicial interventions, viewed over the trial as a whole, deprive the defendant of a fair opportunity to present the…

Applications to extend the time for appealing against conviction require the court to examine all the circumstances, including delay, reasons, finality…

Where foreign law must be ascertained in a jury trial, section 15 of the Administration of Justice Act 1920 requires the judge, rather than the jury, to decide…

Section 278 of the Sentencing Act 2020 does not require a custodial sentence for every Schedule 13 offence. It governs the form of sentence where the court has…

For a dangerous offender, imprisonment for public protection is a sentence of last but one resort. It may be imposed only where the court concludes that an…

The statutory assumption of dangerousness under section 229(3) of the Criminal Justice Act 2003 is rebuttable. The sentencer must exercise judgment on all…

Non-defendant bad character evidence is admissible only if a statutory gateway is satisfied. Under gateway (1)(b), it must have substantial probative value…

For the dangerous-offender sentencing provisions, past and future intimate partners are within the class of members of the public. In assessing retained…

In a renewed application for permission to appeal against conviction following unequivocal guilty pleas, complaints about disclosure, legal advice, the basis…

For intentional strangulation, custody will usually be appropriate, but a custodial term may be suspended where the circumstances justify it. The statement…

On a submission of no case to answer, a judge should withdraw the case only where no reasonable jury could convict on the prosecution evidence. The issue is…

A criminal appellate court will not interfere with a jury’s factual verdict where the trial was regular, the summing-up contained no legal error, and the…

For sentencing intentional strangulation, the assault occasioning actual bodily harm guideline is not directly applicable because harm is inherent in the act.…

Where factual findings establish that cannabis material is raw hemp within the common organisation of the market in hemp, the domestic prohibition on its…

On an application for leave to appeal against conviction, evidence is not fresh merely because it is produced after trial when it was available at trial and…

In a very rare case, a conviction following a jury trial may be unsafe because the defendant should not have been prosecuted. For offending predating the…

For an assault on an emergency worker, the sentencing court may apply an uplift for the aggravated nature of the offence after identifying the category range…

In sentencing for unlawful act manslaughter, the guideline’s culpability factors must be assessed fairly and in the round. Where a category B factor is…

Until superseded by a definitive guideline or a higher-court decision, the sentencing guidance for intentional strangulation in R v Cook [2023] EWCA Crim 452…

A loss of control need not be sudden. It may arise from the cumulative effect of a pattern of coercive and controlling behaviour, provided the statutory…

For an Attorney-General’s reference under section 36 of the Criminal Justice Act 1988, appellate intervention requires a sentence that is not merely lenient…

Sentencing for breach of a sexual risk order should have regard to the guideline for breach of a sexual harm prevention order, but remains fact-sensitive. The…

Use of recorded evidence and pre-recorded cross-examination under section 28 of the Youth Justice and Criminal Evidence Act 1999 does not of itself impair a…

In sentencing a lesser-role offender for a Category 3 class A drug offence, the guideline starting point must be adjusted to reflect the amount and value of…

For exceptionally serious organised commercial burglaries using ram-raid or smash-and-grab methods, the Non-Domestic Burglary Guideline is not designed for the…

Where there is doubt whether offending falls within a higher sentencing-guideline category, a sentence may still be upheld if it is justified on the assumption…

A sentencing judge should ordinarily identify the relevant sentencing guideline and the credit allowed for a guilty plea. A failure to do so will not make a…

For sentencing under the robbery guideline, culpability and harm must be assessed by the actual force used and the actual physical and psychological effect on…

Under Criminal Appeal Act 1968, section 8, leave to arraign after the two-month limit requires cumulative satisfaction that the prosecution acted with all due…

On a renewed application for leave to appeal against conviction, the relevant question is whether there is an arguable ground that the conviction is unsafe. On…

In a rape trial, evidence of a complainant’s prior complaint must be explained as evidence originating from the complainant, not as independent support for the…

In an identification case, a standard Turnbull warning is not enough. The judge must tailor the legal directions to the evidence and issues, identify a…

In a circumstantial case, a submission of no case to answer fails if a reasonable jury could, on one possible view of the evidence, reject realistic…

A conviction following a guilty plea will be quashed only in limited circumstances. Incorrect legal advice may make the plea a nullity if it was not a true…

Where a prospective juror declares a fixed view about the guilt of accused persons, the trial judge should conduct a careful, case-specific inquiry before…

Fresh evidence does not justify relief on a conviction appeal where, even if admissible and reliable, it would not affect the safety of the verdict or…

In sentencing domestic-abuse offences, the court may consider the wider context, including cumulative abuse and matters not charged, unless that context is…

In a sentencing appeal, the appellate court may uphold offence categorisation while reducing the sentence where the overall term is manifestly excessive.…

In sentencing serious criminal offending, a custodial sentence may remain necessary, but accepted limitations on role, guilty pleas, good character and caring…

In a sentence appeal, the trial judge is best placed to assess the risk of harm after seeing the evidence. An offence may fall within the applicable high-harm…

Perverting the course of justice ordinarily requires an immediate custodial sentence because it undermines the administration of justice. Suspension is…

In criminal proceedings, serious disclosure failures, improper handling of an apparently vulnerable witness and inadequate jury directions may cumulatively…

A guilty plea by a person later recognised as a trafficking victim is not set aside merely because trafficking status or international non-punishment…

Sentencing for conspiracy to pervert the course of justice requires consideration of the seriousness of the substantive offence, persistence and the effect of…

In sentencing for making a threat to kill, the judge may depart from a categorisation proposed or agreed by the parties, provided the categorisation reached is…

An extension of time to seek leave to appeal requires a proper basis for the delay. The court may nevertheless examine the proposed grounds and refuse relief…

Disparity in sentence succeeds only where the appellant can justifiably feel aggrieved by the difference. Different offending or personal circumstances may…

An offence under section 46 of the Serious Crime Act 2007 concerns conduct capable of encouraging or assisting one or more offences where the defendant…

In a sentencing appeal, the principal offence may be used as the lead offence and sentenced towards the top of the guideline range where the scale and…

Whether to suspend a custodial sentence is a judgmental exercise. Sentencing guidelines identify relevant factors, but those factors cannot be reduced to an…

In blackmail sentencing, the court should assess the unlawful demand, sums claimed, measures accompanying it, harm caused and the duration of the conduct.…

Sentencing a child or young person requires an individualistic, youth-specific approach directed to preventing offending and promoting welfare. The court must…

In sentencing membership of a proscribed organisation, the court must focus on the offender’s actions and role during the indictment period, although founding…

When deciding whether to suspend a custodial sentence, the question is not whether immediate imprisonment is the only available option. The question is…

Sentencing for historic offences must remain structured and analytical. The maximum sentence is that available when the offence was committed, while current…

When assessing whether a victim is particularly vulnerable under a sentencing guideline, the sentencing judge may consider the evidence in the round. Factors…

When sentencing an offender who appears to have a mental disorder, the court may proceed without a further medical report where an existing report adequately…

In a drugs conspiracy, the sentencing court must consider the total quantity of drugs seized in determining the offence category. A leading role may be…

For a section 20 unlawful-wounding sentence, absence of intent to cause any injury does not automatically make category C applicable. Where a weapon is used…

In proceedings for breach of a Sexual Harm Prevention Order, a prior breach of the same order is relevant bad-character evidence. Its admission turns on trial…

When seeking an extension of time to appeal against conviction, the court considers the reasons for delay, the interests of justice and the merits of the…

Uncharged incidents allegedly committed by a defendant when under 14 may be admissible as bad-character evidence, even where the prosecution cannot prove that…

In a sentence appeal, a trial judge who also sentenced is entitled to assess the evidence and give weight to relevant factors. An appellate court should not…

Extension of time for an appeal against conviction depends on whether the explanation justifies the length of delay. Difficulties with English may be relevant…

An increase in the statutory maximum sentence does not, before a revised Sentencing Council Guideline is produced, require higher sentences for level 2 or…

When a statutory minimum sentence applies, the sentencing court should first identify the sentence indicated by the relevant Sentencing Council guideline, then…

For historic sexual offences committed by an adult, sentencing must use the regime at the date of sentence and remain within the maximum available when the…

Sentencing guideline role descriptions are indicative, not exhaustive, and a defendant need not fit neatly within one description. The court must assess the…

When consecutive sentences are imposed for separate serious offences committed at different times, the totality adjustment will ordinarily be modest. A…

A juror’s personal experience of crime does not, without more, disqualify that juror or establish apparent bias. Jurors may discuss a trial as it proceeds only…

Victim-of-trafficking status does not create blanket immunity from prosecution or make a conviction unsafe. The prosecution must apply the Full Code Test and a…

For multiple serious offences of similar gravity, a concurrent custodial term may properly exceed the guideline range for a single offence. The sentence is not…

A sentence for grave sexual offending is unduly lenient where, viewed as a whole, it is disproportionate to the offender’s criminality and the harm caused. The…

Under the Protection Against Harassment Act 1997, section 5A, a restraining order may be made where the court is satisfied on the balance of probabilities that…

When sentencing for non-domestic burglary, a judge may classify culpability as Category A where the facts show significant planning. The guideline start point…

Under paragraph 5 of Schedule 21 to the Sentencing Act 2020, the statutory starting point for a minimum term is subject to an unrestricted, case-specific…

When fixing a period of driving disqualification beyond legislative requirements, the court must make an individualised, forward-looking assessment. It must…

For an offence under the Misuse of Drugs Act 1971, the prosecution must prove an offer to supply a controlled drug to another, with the offered supply intended…

Evidence relating to a complainant whose earlier allegation ended in acquittal is not inadmissible merely for that reason. Similar-fact or bad-character…

For large-scale commercial drug conspiracies materially above guideline categories, sentencing is an evaluative, multifactorial exercise. Quantity remains…

In sentencing serious offending involving rape and kidnapping, the court may treat rape as the lead offence and take abduction, detention, violence, weapons…

In an Attorney General’s reference against an allegedly unduly lenient sentence, the Court of Appeal may intervene only where the sentence falls outside the…

When a sentencing judge’s remarks and the administrative record appear inconsistent, the Court of Appeal may examine the remarks as a whole to identify the…

When deciding whether to extend time to renew an application for leave to appeal, the court must consider whether the proposed appeal has arguable grounds. For…

Under Criminal Justice Act 1988, appellate intervention for undue leniency requires more than a sentence that another judge might have made higher. The…

A sentencing appeal may succeed on the form of custody even where the sentence length is not manifestly excessive. In assessing excessiveness, the appellate…

For a third-strike domestic burglar, the statutory minimum is a floor, not the starting point. The court must first assess the offence under the applicable…

On a renewed application for leave to appeal a conviction, leave should be refused where the proposed appeal has no real prospect of success. An extension of…

When sentencing defendants at different levels of seniority in a joint criminal enterprise, the sentencing judge must allocate each offender an evidentially…

On a sentence appeal, the statutory question is whether the sentence was wrong in principle or manifestly excessive. Disparity between co-offenders rarely…

When sentencing multiple serious sexual offences, totality is assessed against the offending as a whole. A substantial increase to reflect an additional…

In a sentencing appeal, the decision whether to suspend custody is an evaluative exercise for the sentencing judge, applying the relevant guideline and…

A conviction is unsafe where proof of a branch shortfall depends wholly on Horizon data, there is no independent evidence of actual loss, and material evidence…

A second retrial after two jury disagreements is not prohibited as a matter of law, but may constitute an abuse of process. The decision requires an informed…

In a criminal appeal based on fresh evidence, an application to vary grounds out of time and an application to receive the evidence are distinct questions…

Jury deliberations are confidential. A court may inquire into them only in the narrowest circumstances: where the jury has completely repudiated its oath to…

For sentencing a breach of sex offender notification requirements, the harm category must be based on evidence capable of establishing, to the criminal…

A developmental or neurological condition does not automatically reduce culpability. The court must identify a sufficient connection between the condition and…

In sentencing stalking, a court may move an offence into a more serious guideline category where aggravating features are sufficiently serious to justify that…

In sentencing for modern slavery and controlling prostitution offences, the appropriate sentencing guideline remains applicable where trafficking involves…

In a reference under section 36 of the Criminal Justice Act 1988, a sentence is unduly lenient only if it falls outside the range reasonably open to the…

On a reference of an allegedly unduly lenient sentence, the Court of Appeal must decide whether the sentence fell outside the range reasonably open to the…

Whether a short custodial sentence should be suspended depends on the circumstances of the individual case. Serious violence, continuing risk of harm, lack of…

Where jurors report discomfort or intimidation arising from contact with defendants outside court, the trial judge should adopt a measured, practical and…

Advice on an early guilty plea should address the apparent strength of the prosecution case, the available evidence and credit for plea. It should also make…

In sentencing for unlawful act manslaughter, objective risk and subjective intent are distinct aspects of culpability. They may overlap, but must be assessed…

A guilty plea is not unsafe merely because the defendant faced pressure. Ordinary pressure from plea credit, family co-defendants or a prosecution arrangement…

In applications arising from a criminal conviction, a proposed new or substituted ground must disclose a reasonably arguable basis for concluding that the…

For statutory credit under the Sentencing Act 2020, the relevant question is whether bail was subject to qualifying curfew and electronic monitoring…

In sentencing for conspiracy to facilitate illegal entry, each defendant must receive an individual term assessed by culpability and harm. A common starting…

An indictment may be amended under section 5(1) of the Indictments Act 1915 where the amendment can be made without injustice. The relevant considerations…

Evidence from separate complainants in a sexual-offence case may be cross-admissible where, after proper directions, the jury can safely exclude collusion or…

A sentence is unduly lenient if it falls outside the range reasonably open to the sentencing judge after considering all relevant factors and the applicable…

Intentional strangulation does not require proof of physical or psychological harm. The assault occasioning actual bodily harm guideline may be considered only…

In sentencing for wounding with intent, whether a knife is a highly dangerous weapon depends on the facts and circumstances, including the force and manner of…

An assault may fall within category 1 of the relevant sentencing guideline where it is prolonged or persistent; both qualities are unnecessary. The assessment…

A defendant may be convicted of two offences arising from one course of conduct where the offences are legally distinct and pursuing both is not unjust…

In sentencing multiple serious offences, totality must be assessed across the whole offending. A lead sentence must reflect serious offences sentenced…

In a criminal trial, a confession by one accused may be admissible for a co-accused under section 76A of the Police and Criminal Evidence Act 1984, but…

For the completed offence of unlawful eviction under section 1(2) of the Protection from Eviction Act 1977, the prosecution must prove actual physical…

In manslaughter by reason of diminished responsibility, retained responsibility requires careful analysis of all relevant factors and precise calibration…

The Sentencing Council guideline for supply applies to conspiracies. Where the quantity significantly exceeds category 1, sentencing must be fact-specific…

A sentencing court must correct a material error in applying a guideline starting point because the error may affect the whole sentencing exercise. Where harm…

On a submission of no case to answer, the court must consider whether, assuming the evidence capable of acceptance by the jury, a properly directed jury could…

In a very late application for permission to appeal against conviction, the court must examine the merits of the proposed grounds before deciding whether an…

Section 78 of the Police and Criminal Evidence Act 1984 is directed to evidence which the prosecution proposes to give. Once admissible evidence has been…

On a reference under section 36 of the Criminal Justice Act 1988, a sentence is not unduly lenient merely because another sentence might have been preferred.…

When sentencing sexual activity with a child, the guideline starting point may, in an appropriate case, be adjusted downwards before aggravating and mitigating…

A summing-up is not defective merely because it is brief. It must, however, be fair, balanced and sufficiently coherent to remind the jury of the principal…

A Sexual Harm Prevention Order should be imposed only where, and to the extent that, its terms are necessary to protect against an identified risk of harm and…

In an Attorney General’s reference against an allegedly unduly lenient sentence, the question is not whether a different or longer sentence might also have…

Credit for detention under Article 26 of Framework Decision 2002/584/JHA is limited to custody in the executing Member State from which the person was actually…

For a series of similar offences, the usual sentencing approach is to identify a lead offence reflecting the overall criminality and impose concurrent…

For minimum terms for multiple murders, Schedule 21 to the Sentencing Code supplies the applicable starting-point category. Where the case falls within…

An adult sentenced for an offence committed when under 18 must be sentenced by reference to the Children guideline, regardless of the time elapsed since the…

In sentencing for wounding with intent, the harm category under the applicable guideline must reflect the injury actually caused. A risk that an injury might…

Sentence indications should be rare and precise. If another judge may impose sentence, the indication should make clear that it is not binding, although it may…

A criminal trial need not be adjourned to await separate proceedings or speculative expert evidence where the application would cause indefinite delay and the…

When fixing the operational period of a suspended sentence, the period should generally reflect the length of the custodial sentence. The Sentencing Council…

Small quantity and low value do not determine sentence in isolation for possession of a class A drug. The offender’s previous convictions may be considered as…

For an extradited person from a category 2 territory, the Crown Court may deal with a pre-extradition offence only within the limits imposed by section 150 of…

For an offence under section 14 of the Sexual Offences Act 2003, the relevant sentencing guideline is the guideline for the offence actually charged.…

A 30-year starting point for murder under Sentencing Code Schedule 21 paragraph 3(2)(e) is appropriate where the acts causing death are sexual in nature or are…

On an Attorney General’s reference under section 36 of the Criminal Justice Act 1988, the Court of Appeal held that attempted sexual activity with a victim who…

In sentencing for linked drug offences, the court may treat the most serious offence as the lead offence and impose a total sentence that reflects the…

A stay for abuse of process caused by delay is exceptional and is a last resort. It requires proof, on the balance of probabilities, that serious prejudice…

Where determinate sentences are imposed alongside sentences under section 278 of the Sentencing Code, the section 278 sentence is a single and indivisible…

In sentencing appeals for possession of Class A drugs with intent to supply, a defendant may have more than a limited role where the evidence shows organised…

When deciding whether a short custodial sentence should be suspended, the court may take account of unusually severe prison conditions prevailing when sentence…

When sentencing for several serious offences, the court must impose a total sentence that reflects all the offending and remains just and proportionate.…

A person who requires entry clearance under the Immigration Rules commits the offence in section 24(D1) of the Immigration Act 1971 by knowingly arriving…

Leave to appeal against conviction should be refused where the proposed grounds disclose no arguable basis for finding the convictions unsafe. Agreed…

A sentencing court must sentence for the offence charged and admitted. An attempt concerning non-penetrative sexual activity under Sexual Offences Act 2003…

A Magistrates’ Court must follow the mandatory plea procedure for an either-way offence. Where a defendant pleads guilty, a purported sending of that charge…

A renewed application for permission to appeal against conviction will fail where the grounds do not make the convictions arguably unsafe. Allegations that…

When sentencing a carer of young children, the court must review whether the sentence serves the best interests of the victim and other children in the…

A conviction is unsafe where the judge materially misstates evidence bearing on the central issue and does not clearly correct the error. The appellate court…

For the sentencing guideline governing street and less sophisticated commercial robberies, the production of a bladed article to threaten violence does not…

When sentencing a young offender who has recently turned 18, the court must make a specific allowance for age and lack of maturity. There is no sharp…

On a guilty plea, a sentencing court need not hold a Newton hearing merely because facts are disputed. It may reject a defendant’s account without hearing…

Evidence falls outside Criminal Justice Act 2003, section 98 only where it has a sufficient nexus with the facts of the offence charged. Evidence which instead…

Where a court has granted bail, the court itself should initiate proceedings for failure to surrender. If the accused admits the offence and the facts are…

On an appeal against sentence, a sentencing judge is not bound by a pre-sentence risk assessment, but a materially different finding of future risk must have a…

In a conspiracy prosecution, the Crown is not required to charge every person alleged to have joined the conspiracy. Whether the Crown’s reliance on an…

Late disclosure does not by itself make a conviction unsafe. The question is whether the prosecution failure caused material prejudice that trial procedures…

Notification requirements under Part 2 of the Sexual Offences Act 2003 arise by statute, rather than by an order of the sentencing court. A Crown Court judge…

In sentencing manslaughter, intention to cause harm just short of grievous bodily harm and an obvious high risk of death or grievous bodily harm are distinct…

Under the historic dangerous-offender sentencing regime, a finding of dangerousness did not itself justify detention for public protection. The court had to…

Where a sentencing judge identifies a notional sentence after trial and specifies the credit for a guilty plea, the resulting sentence must give effect to that…

In sentencing for unlawful act manslaughter, the sentencer must make a fair overall assessment of culpability under the relevant guideline and avoid a…

For gross negligence manslaughter sentencing, a prolonged failure to provide basic care is not a lapse in an otherwise satisfactory standard of care merely…

In an undue-leniency reference, the question is whether the sentence falls outside the range which a judge, properly applying all relevant factors, could…

In an Attorney General’s reference against an allegedly unduly lenient sentence, the question is whether the sentence fell outside the range reasonably open to…

A participant in a group attack may be guilty of murder although another participant inflicts the fatal wound. The necessary question is whether that…

For an offender under 18, detention under section 250 of the Sentencing Act 2020 is available only where the offence falls within the table in section 249.…

Leave to appeal against sentence should be refused where there is no arguable error of principle and it is not reasonably arguable that the sentence is…

In an appeal against sentence, the court asks whether the sentence was wrong in principle or manifestly excessive. On a renewed application for leave, the…

Reopening a final criminal appellate determination is an exceptional remedy. Under the Criminal Procedure Rules r 36.15, the applicant must show real…

On a renewed application for leave to appeal against conviction, grounds which repeat matters raised at trial will not succeed where the jury received adequate…

A sentencing court must state in open court the days spent in custody awaiting extradition that count towards sentence under Sentencing Act 2020, section 327.…

In assessing apparent bias in a court martial, the fact that a Board is composed in accordance with the applicable Rules, often of officers equal or superior…

When deciding whether to suspend a custodial sentence, a sentencing court must weigh the factors in the relevant sentencing guideline. It should address both…

For the historic offence under section 1(1) of the Indecency with Children Act 1960, gross indecency has an ordinary meaning and does not require an exhaustive…

Errors in recording a committal do not invalidate it where the magistrates had an available statutory power which, if exercised, would have lawfully given…

Identification evidence from scene images may be admitted from a witness who did not previously know the defendant where the witness has studied and analysed…

Sentencing guideline categories must be selected by applying the ordinary meaning of the stated factors. A victim who is so intoxicated that she cannot walk…

Where Parliament substantially increases the maximum sentence, a sentencing court must give effect to that change. For Level 1…

A defence under the Modern Slavery Act 2015, section 45 is not established merely because the defendant was a victim of forced labour. The court must examine…

A direction on conspiracy is adequate where, read as a whole, it makes clear that the defendant must have agreed prospectively to participate in the planned…

In sentencing for serious firearms offending, a judge who heard the trial may assess the offender’s role from the whole of the evidence. Directing vulnerable…

Significant planning or premeditation, including waiting for a victim and fashioning a weapon, supports a Category A high-culpability assessment under the…

A guilty plea does not prevent a conviction being unsafe where the prosecution should not have been maintained because of an abuse of process. The statutory…

A reference under section 36 of the Criminal Justice Act 1988 succeeds only where the sentence is not merely lenient but unduly lenient. In sentencing a…

In sentencing offences involving both sexual exploitation of a child and indecent images, the court must consider every relevant Sentencing Council Guideline.…

When sentencing for robbery under the Robbery Guideline, harm must be assessed by reference to the robbery offender’s conduct. Injury and psychological harm…

Late disclosure of digital material does not automatically make evidence inadmissible or render a conviction unsafe. Fairness must be assessed in the…

In an Attorney General’s reference against an unduly lenient sentence for two rapes, the Court of Appeal held that the second rape was a category 2A offence…

On an Attorney General’s reference against an allegedly unduly lenient sentence, appellate interference requires a sentence to be not merely lenient but unduly…

In sentencing for cannabis production, the court must assess all relevant features of the offender’s role. Where the facts disclose both significant-role and…

When a sentence covers more than one offence, the court must impose a total sentence that reflects all the offending behaviour and remains just and…

For offending before the Modern Slavery Act 2015, article 26 of the trafficking convention is given effect through prosecutorial discretion and the abuse of…

For paragraph 46(2)(d) of Consumer Rights Act 2015, an offence originates from an investigation into a consumer breach when it is connected with the consumer…

The admission and presentation of CCTV evidence is a matter of trial case management. There is no fixed rule requiring footage to be withheld from a witness in…

In an Attorney General’s reference against an allegedly unduly lenient sentence, the Court of Appeal held that the absence of an express reference to the…

For dangerous driving under section 2A(1) of the Road Traffic Act 1988, the objective assessment must take account of the circumstances of the particular…

In a reference against an allegedly unduly lenient sentence, an appellate court should respect properly made factual findings of the trial judge, who heard the…

A prepared statement which amounts only to a general denial does not prevent a direction under section 34 of the Criminal Justice and Public Order Act 1994.…

A sexual harm prevention order may be made only where it is necessary to protect the public from a real risk of sexual harm caused by future unlawful conduct…