Court of Appeal (Criminal Division) judgments, 2026

Fraud sentencing requires an assessment of the evidence of victim impact. A sentencer should avoid generalised assumptions that victims who supplied no…

For the purposes of Proceeds of Crime Act 2002, section 9, the available amount is calculated by adding separate components: free property after priority…

In a criminal appeal, the jury remain the tribunal of fact. The Court of Appeal must not conduct a second trial or substitute its assessment of credibility for…

For causing serious injury by dangerous driving, an obviously highly dangerous overtaking manoeuvre and speed highly inappropriate for the road conditions…

A party served with an SFR1 forensic summary must respond promptly, identifying the conclusions admitted and the disputed issues concerning any conclusions not…

Wounding with intent to resist lawful apprehension is not invariably less culpable than wounding with intent to cause grievous bodily harm. Any difference in…

A sentencing court must specify the credit period to which an offender is entitled for time spent on bail subject to a qualifying curfew and electronic…

A challenge to the percentage reduction for a guilty plea is immaterial where subsequent adjustments for totality produced the lowest sentence the judge…

Where no offence category sufficiently resembles the offender’s case, a sentencing court may select a sentence without adopting a category starting point. The…

On a reference alleging undue leniency, the question is whether the sentence falls outside the range which a judge could reasonably impose. Particular…

Attempted sexual offending against an adult decoy is assessed by reference to the intended conduct. Remote offending attracts the same approach to seriousness…

For an adult offender whose sentence is no more than 12 months and is capable of suspension, section 277A of the Sentencing Act 2020 requires a suspended…

Previous convictions admitted as bad-character evidence must have real probative value for the issue identified. Convictions for sexual offending committed…

A guideline reduction for steps taken to address addiction or offending behaviour depends on a demonstrated connection between the substance misuse and the…

Interference with an unduly lenient sentence requires a conclusion outside the range properly open to the sentencing judge on the evidence. Witness…

Section 277A of the Sentencing Act 2020 creates a strong presumption that an adult custodial sentence of 12 months or less will be suspended. The sentence must…

Expert evidence on confession reliability is properly excluded where it merely duplicates evidence already before the court or trespasses on the jury’s…

A prosecution may amount to an abuse of process where those conducting it give an unequivocal assurance that no prosecution will be brought or continued, and…

For category 2 harm under the Definitive Guideline for rape, severe psychological harm must be substantially greater than harm inherent in rape generally.…

A decision whether to suspend a custodial sentence is an evaluative judgment, not an arithmetical exercise. Guideline factors must be weighed together, and a…

Section 1(1) of the Prevention of Crime Act 1953 is a preventive offence aimed at carrying an offensive weapon with an intention to use it offensively formed…

On a reference under the Criminal Justice Act 1988, appellate interference requires more than a lenient sentence. The sentence must be unduly lenient…

For a reference under section 36 of Criminal Justice Act 1988, a properly given Goodyear indication does not limit the Law Officers’ discretion to refer a…

There is no presumption that a defendant in criminal proceedings will receive an intermediary. Appointment is exceptional and depends on whether communication…

Where a guilty plea is not entered as a result of a sentencing indication, the strict Goodyear procedure does not apply, even if the indication preceded the…

Section 37 of the Criminal Procedure and Investigations Act 1996 ordinarily prevents public reporting of proceedings, including publication of an appellate…

For a statutory application challenged on the ground that it was made or approved without authority, a bare assertion of authorisation is insufficient. Under…

An imprisonment for public protection sentence was unlawful where the offence was specified but did not satisfy the statutory definition of a serious offence.…

When an offender meets the criteria for a hospital order under the Mental Health Act 1983, the sentencing court must choose between a hospital and restriction…

On a sentence appeal, the issue is whether the sentence was wrong in principle or manifestly excessive, not whether the appellate court would have imposed a…

An applicable Sentencing Guideline must be followed. For causing or inciting a child under 13 to engage in sexual activity, harm is assessed principally by the…

An application to extend time for appealing a conviction should be refused where the proposed grounds disclose no arguable error that could justify granting…

When a court considers suspending a custodial sentence, it must weigh all relevant factors in the Imposition Guideline and explain the balance. A realistic…

On an appeal against a Court-Martial sentence, the Court of Appeal assesses whether the overall package was manifestly excessive or wrong in principle, while…

In sentencing for causing grievous bodily harm with intent, the harm category must reflect the proved medical evidence. Permanent scarring to an eye, without…

Changes in sentencing law which make more serious offending eligible for suspension do not alter the principled approach under the Imposition Guideline. The…

In a criminal trial, a judge may draw the jury’s attention in summing-up to logical inferences from evidence already before it, even where the prosecution did…

For an offence of disseminating a terrorist publication, the statutory defence is not confined to journalists, academics, teachers or other professional…

On an appeal against sentence, the absence of an error in the original sentencing exercise does not prevent intervention where materially fuller mitigation…

A guilty plea does not bar an appeal against conviction, but it presents a significant obstacle. The court must consider whether the conviction is safe and…

An application to extend time to seek leave to appeal against conviction requires a sensible explanation for an extraordinary delay. Being unrepresented, or…

On an appeal against sentence, a sentence is not manifestly excessive merely because it lies towards the upper end of the range reasonably open to the…

Under the Criminal Justice Act 2003, s 51, a court may require a high-risk defendant to take part in a criminal trial by live video link where that is in the…

Fresh offending during the currency of a suspended sentence is an aggravating factor in sentencing the new offences. Taking it into account is not double…

When fixing a driving-disqualification period, the sentencing court may impose a significant period where necessary to protect the public. Relevant…

On a renewed application for leave to appeal against sentence, the court held that a sentence for several frauds may reflect all the offending, including…

Under section 333A(3) of the Proceeds of Crime Act 2002, the relevant question is the capacity in which the defendant received information, not whether it came…

In unlawful act manslaughter, a base offence must be identified and proved. For secondary parties, a jury may convict where it is sure that the defendant…

In sentencing multiple offences, the totality principle requires an overall sentence that is just and proportionate. It does not impose a formulaic reduction…

When sentencing for acts intended to pervert the course of justice, proportionality is assessed primarily against the seriousness of the offence the offender…

A written basis of plea must be considered by the prosecution and the sentencing court. If disputed, the issue may require a Newton hearing; if accepted…

For sentencing purposes, a syringe and hypodermic needle used to threaten a victim may be treated as akin to a bladed article. The distinction does not depend…

Where a defendant raises an arguable challenge to the jurisdiction of the court that is to try the case, the challenge should ordinarily be determined before…

In unlawful act manslaughter, the absence of a jury direction on mens rea does not automatically make a conviction unsafe. The consequence depends on the facts…

Section 2 of the Unfair Contract Terms Act 1977 prevents a waiver from excluding or restricting liability for death or personal injury caused by negligence, in…

Crossing the threshold for a community order does not end the sentencing inquiry. The sentencer must consider every available disposal at the date of sentence…

In a sentence appeal involving domestic abuse, an agreed category 2A classification and an 18-month starting point did not prevent a substantial uplift for…

Bad-character evidence may be admitted under section 101 of the Criminal Justice Act 2003 where the defendant’s evidence mounts a sufficiently serious attack…

Non-therapeutic religious circumcision by a non-medically qualified person may fall within an established exception to the general law of assault, but lack of…

On a sentence appeal, the question is whether the sentence was manifestly excessive or wrong in principle. A different sentence that another judge might have…

When the Attorney General invokes the statutory power to refer an allegedly unduly lenient sentence, the resulting proceedings are legal proceedings for which…

On an Attorney-General’s Reference, a sentence is unduly lenient where it falls outside the range reasonably available to the sentencing judge, even though…

Where excessive self-defence is advanced as affecting sentencing categorisation, the issue should be clarified in open court, ordinarily through a Newton…

In sentencing a sexual assault, whether the Category 1 harm factor of abduction is established is a question of fact and degree, assessed against the full…

In criminal proceedings, a focused investigation may be reasonable where the alleged conspiracy targets two victims acting together, and the prosecution need…

On an application for leave to appeal based on fresh evidence, the question is whether the material arguably provides a ground for allowing the appeal by…

In sentencing a young offender, reaching 18 is not a cliff edge: maturity may be as important as chronological age. Where consecutive sentences are…

For fines and prosecution costs, the defendant bears primary responsibility for disclosing financial information enabling the court to assess what can…

For hearsay admitted under the Criminal Justice Act 2003, a statement need only be potentially safely reliable at the admission stage. Previous inconsistent…

Category 1 harm under the sentencing guideline requires a particularly grave or life-threatening injury actually caused. A mere risk that an injury might…

The sentencing framework for an offence under section 121 of the Anti-Social Behaviour, Crime and Policing Act 2014 must reflect the wide range of conduct…

Under section 36 of the Criminal Justice Act 1988, appellate intervention requires a sentence to be not merely lenient but unduly so, and the threshold is…

Community impact evidence is a procedural and evidential mechanism, not a vehicle for general public condemnation. Under the Criminal Procedure Rules and…

An extended determinate sentence is offence-specific. It cannot be imposed for an offence outside the statutory scheme merely because the offender is dangerous…

For murder committed for gain, the 30-year starting point in Sentencing Act 2020, Schedule 21, applies even where the killing was not premeditated. Lack of…

An extended determinate sentence will not be reasonably arguable as manifestly excessive where it reflects the evidence, the circumstances of the offences and…

A discretionary life sentence under section 285 of the Sentencing Act 2020 is a last resort. It may nevertheless be justified for a dangerous offender where…

Totality requires a sentence for multiple offences to reflect all the offending, harm, culpability and relevant aggravating and mitigating factors, while…

Under section 36 of the Criminal Justice Act 1988, a sentence is unduly lenient only if it falls outside the range a sentencing judge could reasonably consider…

An application under section 36 of the Criminal Justice Act 1988 may be heard in an offender’s absence after voluntary deportation where the court can ensure a…

For sentencing an offence involving a dog attack, culpability may fall within Category 1B where there is a lack of effective safety or control measures in…

Sentencing remarks may be concise, but section 52 of the Sentencing Code requires the court to state the reasons for sentence, explain how relevant guidelines…

A renewed application for leave to appeal against an agreed confiscation order cannot be used to relitigate the benefit or available amount. Fresh evidence…

In sentencing for an absolute sexual offence against a child under 13, a reasonable belief that the child was older and consenting does not remove criminal…

On a reference under section 36 of the Criminal Justice Act 1988, a sentence may be increased only if it is unduly lenient: it must fall outside the range that…

A defendant charged with possession of an identity document with intent must be advised of a possible defence under section 31 of the Immigration and Asylum…

Profound deafness may be treated as personal mitigation because custody will cause additional isolation and communication difficulties. It need not be…

When fresh evidence is tendered on a criminal appeal, the Court of Appeal must apply the broad interests-of-justice discretion under the Criminal Appeal Act…

For an out-of-time challenge to sentence, a disparity with a co-offender does not by itself justify reopening the sentence. The court must consider why the…

The discretion to discharge a jury after a co-defendant changes plea is exceptional. The question is whether continuing the trial would or could result in an…

The applications for leave to appeal against conviction and sentence were refused. Bad-character evidence may be relevant to a controlling or coercive…

On a renewed application for extensions of time to seek leave to appeal conviction and sentence, a lengthy extension should be refused where no good reason is…

In a reference against an unduly lenient sentence, the correct guideline category depends on the facts proved. A weapon is not “visible” where it was not…

In an Attorney General reference against an allegedly unduly lenient sentence, the appellate court intervenes to correct gross errors, recognising that the…

On a section 36 reference, appellate interference requires more than leniency: the sentence must be unduly lenient and the statutory threshold is high. For…

In an appeal against sentence for cannabis production, role categorisation under the sentencing guideline is fact-specific. Helping to set up or dismantle an…

Earlier convictions and sentences for separate, more serious offences do not justify treating new offending as attracting little additional punishment. The…

On an Attorney General’s reference, a sentence may be unduly lenient yet still not warrant intervention. The question is whether the sentence fell below the…

Sentencing for corruption involving a prison officer must reflect every material aspect of the criminality, including the danger of identifying an informant…

In a reference against an allegedly unduly lenient sentence, the court must apply the guideline for the offence actually committed and ensure that the total…

On a sentence appeal, the Court of Appeal will not interfere merely because it might have balanced culpability, aggravating features and mitigation…

When sentencing a person for an offence committed before 18, but after the person has turned 18, the court must apply the youth sentencing guideline unless…

An extension of time to renew an application for leave to appeal should be refused where the proposed grounds are not reasonably arguable and the conviction is…

Remand credit is governed by Criminal Justice Act 2003, section 240ZA(3), subject to subsections (4) to (6). Where remand custody overlaps detention for…

An Attorney General’s Reference may correct an unduly lenient sentence, but the Court of Appeal retains discretion whether to increase it. In sentencing…

When sentencing a child or young person, a judge may identify the adult-offender guideline starting point and then adjust it for age and immaturity; that…

For causing serious injury by careless or inconsiderate driving, a case may fall within culpability category A and harm category 1 where the driving is just…

Sentencing guidelines permit a starting point to be adjusted upwards or downwards to reflect the particular features of culpability and harm. The factors…

In sentencing appeals, the totality principle must be assessed in the context of the offending. Where separate offending is committed against different victims…

Hearsay from a dead witness may be admitted under section 116 of the Criminal Justice Act 2003 where the statutory conditions and fair-trial safeguards are…

For repeated shoplifting, the offence-specific guideline for theft from a shop or stall applies. Repeat offending may increase culpability and justify…

On an appeal against sentence, a sentencing judge’s failure to spell out mitigation or totality does not necessarily make the sentence manifestly excessive.…

In an appeal alleging inconsistent or repugnant jury verdicts, the appellant bears the burden of showing that the verdicts cannot stand together: no reasonable…

For attempted rape under s 1(1) of Criminal Attempts Act 1981, the prosecution must prove an intention to carry out the physical act of penetration, together…

When a sentencing guideline has already placed drug supply in a custodial institution in a higher harm category, the custodial setting cannot justify a second…

An extension of time to seek leave to appeal against conviction should be refused where the proposed grounds are not reasonably arguable, the conviction is not…

Related offences arising from one incident should be sentenced together, with the sentence for each reflecting the totality of the conduct. A category 3…

When several offences are sentenced concurrently, the sentence for the lead offence must be adjusted upwards where necessary to reflect totality. For street…

When sentencing under a guideline, the court must identify the offence category and starting point, then adjust for the particular culpability and harm…

Where later-discovered offending is sentenced after an earlier sentence for related offending, the court may identify the overall sentence that would have been…

For a prolonged campaign of sexual offending which begins while the offender is under 18 but continues into adulthood, the sentencing court may use a serious…

In a sentence for multiple serious offences, a judge may select a lead offence, uplift the notional sentence for additional criminality and make other…

Where Sentencing Act 2020, section 277A applies to a sentence of no more than 12 months, the court must impose a suspended sentence order unless exceptional…

A finding of exceptional circumstances permitting departure from a mandatory minimum sentence does not mean that the applicable sentencing guideline can be…

Section 35(1)(b) is concerned with whether giving evidence would damage an accused’s physical or mental well-being, potentially irretrievably. A condition does…

Where several offences arise from one short incident, sentencing must be assessed in the round to produce a just and proportionate total. There is no…

Sentencing guidelines do not require an offence to fall into an intermediate category merely because factors appear in different categories. The court must…

When sentencing a child or young person for robbery, immediate custody may be justified where there is very significant force, a threat or use of a bladed…

A sentencing court must explain a substantial departure from the Sentencing Guidelines and allow for the fact that the offence was an attempt, mitigation and a…

On a renewed application for leave to appeal against sentence, leave should be refused where it is not arguable that the sentence was manifestly excessive…

In sentencing domestic abuse offences, the harm category must reflect the actual impact established by the evidence. Prolonged, graphic and repeated threats to…

Under the repealed dangerous-offender scheme, an indeterminate DPP or IPP sentence was a last resort where it was discretionary. The court had to consider…

For the statutory refugee defence, whether an asylum claim was made as soon as reasonably practicable is an objective question, assessed in light of the…

An offence under the Sexual Offences Act 2003 section 5 is always serious. Custody may remain necessary to reflect inherent harm and to protect children and…

On a renewed application for leave to appeal against conviction, the Court of Appeal reaffirmed that dissatisfaction with jury verdicts is insufficient. A…

In sentencing a Class A drug offender with a significant role, a court may impose a substantial uplift above the guideline starting point where the quantity…

In deciding whether a criminal trial should proceed in a defendant’s absence, the court must apply the relevant principles governing absent-defendant trials…

On a sentence appeal, the Court of Appeal asks whether the sentence was manifestly excessive or wrong in principle, not whether it would have imposed a…

A jury’s internet research does not automatically make a conviction unsafe. The appellate court must examine the material and assess its effect on trial…

Serious aggravating factors and a persistent record do not, without sufficient justification, warrant departing from the applicable Sentencing Guidelines range…

For sentencing a sexual offence, whether there was a significant degree of planning requires judgment on all the facts. The indicators of heightened…

A sentence at the top of the applicable guideline range is not necessarily manifestly excessive where multiple aggravating factors justify the starting point…

The second limb of abuse of process requires a trial to undermine public confidence in the criminal justice system or bring it into disrepute. It is distinct…

Jury deliberations are confidential. An inquiry is permitted only for a complete repudiation by the jury of its oath to try the case according to the evidence…

In deciding whether to admit prosecution hearsay, the court should use a structured sequence. It should ensure disclosure, identify a statutory gateway, assess…

In sentencing for large-scale drug conspiracy, the offender’s role must be assessed alongside the quantity and commercial scale of the operation. A courier…

Sentencing guideline categories are not watertight compartments. Courts must assess culpability and harm holistically, weighing all relevant factors and…

Certification under section 33(2) of the Criminal Appeal Act 1968 requires a decision involving a point of law of general public importance which ought to be…

In sentencing sexual offences committed during a military exercise, the service context may materially increase culpability and justify severe consequences.…

On an application to extend time for seeking leave to appeal against conviction, the court must decide whether an extension is in the interests of justice. It…

When sentencing for possession of a prohibited firearm subject to a statutory minimum, the minimum may be disapplied only where circumstances relating to the…

For a Category A1 offence under the applicable Sentencing Guideline, the court may assess whether the factors placing the offence in that category are extreme…

For an accused charged as an allower under the Domestic Violence, Crime and Victims Act 2004, the prosecution must prove the statutory risk and foresight…

On a reference under section 36 of the Criminal Justice Act 1988, the court held that sentencing for multiple serious sexual offences must reflect the…

For an extended sentence, the custodial term must be the least term properly commensurate with the seriousness of the offending under section 231 of the…

Where an offender was under 18 when offences were committed but is sentenced after turning 18, the starting point is the sentence likely to have been imposed…

For affray under the Public Order Act 1986, the conduct constituting the actus reus and the mental element are distinct. A jury should ordinarily receive a…

When a court imposes driving disqualification alongside imprisonment, the statutory extension or uplift must be calculated under the applicable provisions…

Whether conduct amounts to driving is a question for the jury where the evidence could support that conclusion. The necessary condition is substantial control…

Decisions certifying a point of law of general public importance and granting or refusing leave to appeal to the Supreme Court are pronounced in open court.…

In an Attorney General’s Reference, a sentence is unduly lenient only where it falls outside the range that a judge, applying all relevant factors, could…

When sentencing multiple serious sexual offences against more than one victim, the totality principle requires the sentence to reflect each distinct group of…

An interim disqualification order made under section 26 of the Road Traffic Offenders Act 1988 expires after six months. Its duration is deducted from any…

Where a custodial term is capable of suspension, the sentencing court must consider whether it should be suspended and must demonstrate in its sentencing…

Section 72 of the Sexual Offences Act 2003 is an offence-creating provision, not merely a jurisdictional gateway. It makes specified conduct abroad criminal…

Crim PD 8.7 provides structure and guidance, not a rigid prescription. A trial judge retains a fact-sensitive discretion when a jury irregularity arises, but…

An extension of time to renew an application for leave to appeal against conviction should be refused where the proposed grounds disclose no realistic prospect…

Under section 3(1) of the Dangerous Dogs Act 1991, liability is strict, but the prosecution must prove a causal connection between the defendant’s act or…

When sentencing for separate and unconnected offences, the court must reflect their independent seriousness while applying the principle of totality. A…

When fixing a minimum term for murder, the court may move materially above the Sentencing Code starting point where the offending involves prior arming with…

An appeal alleging incompetent representation requires proof that representation fell below reasonable professional standards and caused identifiable errors or…

A sentence for multiple offences may be structured so that a lead sentence reflects the totality of the offending, but the notional sentence before guilty-plea…

In assessing alleged disparity between co-offenders’ sentences, the essential question is whether the public would perceive that the appellant had suffered an…

Where Sexual Offences Act 2003, section 78(b) applies, whether conduct is sexual requires a two-stage inquiry. A reasonable person must first consider whether…

An extension of time to renew an application for leave to appeal should be refused where the proposed grounds disclose no arguable challenge and there is no…

A sentencing judge who must apply the applicable sentencing guidelines must give the reduction due for a guilty plea. Failure to give the entitled five per…

A post-acquittal restraining order under the Protection from Harassment Act 1997 requires evidence establishing that the order is necessary to protect a person…

When an offender has been remanded on bail subject to a qualifying curfew and electronic monitoring, the sentencing court must specify the credit period under…

In an appeal against sentence, a robbery must be placed in the correct harm and culpability categories. Severe psychological harm requires evidence sufficient…

In sentencing for participation in commercial-scale cannabis production, culpability may fall between guideline role categories. Where an offender’s role…

In sentencing a conspiracy to convey an illicit drug into a prison, substantial weight must be given to deterrence. An analogous drug-supply guideline may…

When sentencing an adult for historic offences committed while under 18, the court must assess the offender by reference to the age at which the offending…

On a reference under section 36 of the Criminal Justice Act 1988, leave is exceptional. A sentence is unduly lenient only if it falls outside the range…

In an Attorney General’s reference under Criminal Justice Act 1988, a sentence for multiple offences must be tested against the totality requirement. It must…

For non-defendant bad character evidence under Criminal Justice Act 2003, admissibility requires substantial probative value in relation to a matter in issue…

When reviewing a sentence for manifest excess, the Court of Appeal will not interfere where the sentencing judge was entitled to place the offence within the…

Section 5 of the Domestic Violence, Crime and Victims Act 2004 permits conviction where the prosecution cannot prove whether a household carer caused serious…

Full one-third credit for a guilty plea is not automatic where the plea is first indicated after the initial hearing. Exception F1 applies only where…

An appellate court assessing a complex sentence may structure the offending thematically, identify lead offences, and treat associated offences as aggravating…

In sentencing a robbery, harm to the victim and to the business may be reflected in the harm category and starting point. If business harm is taken into…

For defendants aged 15 to 17, the reduction from an adult guideline sentence is a rough guide, not a fixed percentage. The court must consider where the…

In sentencing for a serious drug offence, the current state of prisons does not mitigate an offence requiring a lengthy custodial term. However, the greater…

For guilty plea credit, the relevant question is when the defendant first had a reasonable opportunity to plead to the charge actually before the court.…

In a renewed application for leave to appeal against conviction, leave should be refused where the proposed grounds disclose no arguable point and there is no…

In sentencing multiple serious offences, a sentence for false imprisonment is not confined to the guideline range for an associated assault. The court may…

Sentencing guidelines may justify sentences above the guideline ranges where a drug conspiracy operates on the most serious and commercial scale and involves…

In deciding whether to suspend a custodial sentence, the presence of factors favouring suspension does not make suspension inevitable. The sentencing judge…

A stay of criminal proceedings for abuse of process remains an exceptional, last-resort remedy. Under the first limb, a stay may be justified where police fail…

The discretion to hold or continue a criminal trial in the accused’s absence must be exercised with great caution and close regard to overall fairness.…

A written charge validly starts criminal proceedings where it describes the alleged offence in ordinary language, identifies the legislation creating it, and…

A conviction is not rendered unsafe merely because a trial judge intervenes during cross-examination. The relevant question is whether the intervention caused…

The sentencing of controlling or coercive behaviour under section 76 of the Serious Crime Act 2015 is fact-sensitive. A short relationship does not prevent…

For an Attorney General’s reference under section 36 of the Criminal Justice Act 1988, a sentence is unduly lenient only if it falls outside the range…

When sentencing offences committed during a suspended sentence, the court may treat new offending as more serious where its seriousness and harm have…

An accused who cannot give coherent and intelligible instructions, give evidence in his own defence, or properly follow proceedings because of cognitive…

For a child relying on section 45(4) of the Modern Slavery Act 2015, compulsion is not a necessary element of the defence. Where forced or compulsory labour is…

Section 2 of the Modern Slavery Act 2015 creates an offence where a person arranges or facilitates another’s travel with a view to exploitation. The…

Where two persons fire at each other and liability is alleged for harm to a third party, the prosecution must prove a reciprocal agreement to engage in, assist…

In sentencing serious section 18 offences involving a knife, the court must assess both harm caused or intended and harm that might foreseeably have been…

On an Attorney General’s Reference under section 36 of the Criminal Justice Act 1988, a sentence is unduly lenient only if it falls outside the reasonable…

The sentencing guideline factor of racing or competitive driving against another vehicle properly places culpability in category A, provided the categorisation…

Where no specific sentencing guideline exists for corrosive-fluid offending, the court may use general sentencing principles and a definitive guideline for an…

When sentencing offences arising from overlapping drug lines, the court may assess quantity from all reliable circumstantial evidence, including images…

In criminal proceedings, conviction for a lesser offence does not create an automatic bar to a later charge based on the same or substantially the same facts.…

On a reference under section 13(2) of the Criminal Appeal Act 1995, the Court of Appeal must decide for itself whether a conviction is safe. It must give due…

In an Attorney General’s reference against sentence, the Court of Appeal will not interfere where defective sentencing remarks prevent it from identifying the…

In sentencing a conspiracy to defraud, the guideline starting point is not reserved for cases in which every high-culpability factor is present. Multiple…

On 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…

Operational labels do not define the prosecution’s disclosure duty. The police and prosecution must pursue lines of enquiry that may assist the defence and…

Appeal dismissed. Fresh psychiatric evidence may be admitted where it is credible, could afford a ground of appeal, would have been admissible below, and there…

When deciding whether a custodial sentence should be suspended, the sentencing court must weigh the relevant factors for and against suspension, giving each…

For multiple sexual offences, a notional determinate sentence above about 30 years is reserved for the comparatively rare cases involving particularly serious…

In sentencing for breach of a restraining order, the absence of threats, insults or admitted fear does not prevent a court from inferring harm or distress…

In sentencing for stalking involving serious alarm or distress, a guideline starting point and range do not prevent a sentence above the top of the range where…

In a criminal appeal based on fresh evidence, the controlling question remains whether the conviction is unsafe. The court should apply the statutory…

For a reference under section 36 of the Criminal Justice Act 1988, the Court of Appeal may intervene where an error in the type of sentence, including failure…

A restraining order following an acquittal is civil in nature, but it may be made only where the statutory conditions are met and the defendant has a fair…

Whether a criminal summing-up was unfair must be assessed as a whole. Observations favouring one side do not render a trial unfair where the evidence and…

For an offence under section 11(1) of the Sexual Offences Act 2003, intentional sexual activity in the presence of a child and the purpose of obtaining sexual…

In a joint-enterprise case involving a spontaneous outbreak of armed violence, whether a defendant intentionally assisted or encouraged the principal, and with…

For causing death by dangerous driving, culpability categorisation must reflect the quality of the driving and decision-making on the occasion. Deliberately…

A guilty plea does not prevent an appeal where the plea was equivocal, a viable statutory defence was overlooked, or prosecution was legally barred. The…

Res gestae evidence is not automatically inadmissible because the declarant deliberately lied about a different matter. Under section 118 of the Criminal…

In an appeal against allegedly inconsistent jury verdicts, the question is not whether verdicts are logically irreconcilable in the abstract. The Court of…

When sentencing possession of drugs with intent to supply, a quantity substantially exceeding the guideline’s indicative quantity may justify a significant…

When sentencing an offender aged 15 to 17 for serious sexual offending, the adult guideline is a reference point only. The suggested reduction to roughly half…

Where a murder falls within para 2 of Schedule 21 to the Sentencing Act 2020, a whole life order is the starting point. The court must then assess aggravating…

For a statutory minimum sentence for repeat Class A drug trafficking, the court must consider whether exceptional circumstances relating to the offence or…

A defendant may be permitted to change a guilty plea at any time before sentence, even where the plea was unequivocal. The discretion must be exercised…

For attempted sexual offending involving a decoy whom the offender believed to be a child, harm is assessed by reference to the intended sexual activity. Where…

For historic offences, sentencing must reflect the maximum penalty in force when the offences were committed. Current sentencing guidelines may be used, but…

When sentencing historic sexual offences, the court must respect the statutory maximum in force when the offences were committed while having regard to…

Fresh expert psychiatric evidence is not admissible merely because a new expert challenges evidence heard at trial. The statutory discretion to receive fresh…

For fraudulent trading under section 993 of the Companies Act 2006, the prosecution must prove that the business, or part of it, was carried on for a…

In CCTV identification cases, the jury’s own comparison of footage with the defendant and identification by a witness familiar with the defendant are distinct…

On an Attorney General’s reference, totality must reflect the actual pattern of multiple serious offences. Separate occasions widely separated in time must…

For serious commercial drug-supply offending materially beyond guideline quantities, sentencing is a broad evaluative exercise. Quantity remains important, but…

An extended sentence is protective. A finding of dangerousness must be supported by adequate reasons addressing the risk of further specified offending and the…

In sentencing organised drug conspiracies, the quantity recovered at the end of an operation may not represent the quantity supplied. The conspiracy must be…

For a conspiracy under section 1 of the Criminal Law Act 1977, the criminal agreement concerns the course of conduct which, if carried out as intended, would…

For an offence under section 56 of the Terrorism Act 2000, the prosecution must prove that the organisation was concerned in the commission of acts of…

In sentencing repeated child rape, the court must assess culpability and harm under the applicable sentencing guideline, while avoiding double counting of…

When sentencing novel fraud offending under the relevant Sentencing Council guideline, the listed examples of greater harm do not exhaust the assessment. The…

On 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…

A sentencing judge may make a disputed factual finding affecting sentence to the criminal standard, particularly where the judge heard the trial evidence. An…

A guilty plea remains unequivocal where the defendant has been properly advised about the evidence and the elements of the offence, but chooses to plead guilty…

In a delayed application to appeal a criminal conviction, the Court of Appeal held that a trial judge need not give every possible additional direction where…

For a no-case-to-answer submission based on circumstantial evidence, the question is whether a reasonable jury, viewing the prosecution case at its highest…

A sentencing judge may reduce a custodial sentence where an offender’s personal circumstances make custody more onerous than for prisoners generally. That…

When prolonged child cruelty culminates in murder, the sentencing judge may sentence the cruelty separately and reflect it through totality, then sentence the…

For accessory liability to wounding with intent under the Offences Against the Person Act 1861, the required intention may be conditional. A jury may convict…

When sentencing historic sexual offences charged under the Sexual Offences Act 1956, the court may use current guidelines for the corresponding modern offence…

A magistrates’ court cannot accept a guilty plea and commit an offence for sentence where the offence is indictable only and the Crime and Disorder Act 1998…

Evidence of a person other than the defendant is admissible under the Criminal Justice Act 2003 only if it has substantial probative value concerning a matter…

A criminal behaviour order must be founded on the behaviour proved or admitted on the basis on which the offender is sentenced. The court must be satisfied…

On an Attorney General’s Reference, a sentence is unduly lenient only if it falls outside the range that a judge, applying all relevant factors, could…

In an attempted murder case involving voluntary intoxication, a specific intoxication direction is required where the evidence realistically raises an issue…

On a reference against sentence under section 36, the Court of Appeal intervenes only where the sentence is not merely lenient but unduly lenient. The…

A jury is not entitled to receive or hear copies of counsel’s closing speeches because they are submissions, not evidence. A judge may give a brief reminder of…

When a custodial sentence is within the range that may be suspended, the sentencing court must expressly consider suspension and weigh the relevant guideline…

A sentencing court may sentence only for an offence admitted by plea or proved by verdict. It may consider the circumstances of that offence, including…

Consecutive sentences may be imposed for offences arising from one episode where they are distinct in time, place or circumstance, particularly where they…

Where an alleged offence was committed by a child aged 10 to 14 before abolition of doli incapax, the jury must be directed to decide whether the child knew…

When a criminal trial cannot proceed because prosecuting counsel is unavailable, the court should normally adjourn so that the allegation can be decided on its…

On an appeal against sentence, the Court of Appeal will respect the trial judge’s evaluative judgment on the appropriate robbery guideline. It should intervene…

Fresh evidence will be admitted on a criminal appeal only where the statutory and interests-of-justice requirements are met. The court must assess whether the…

When deciding whether to suspend a custodial sentence for an offender with a mental, developmental or neurological impairment, the sentencer must assess…

An applicant seeking to appeal about 10 years out of time must provide a compelling, coherent and evidenced justification for the delay. A bare assertion that…

In an appeal based on fresh evidence, the decisive question remains whether the conviction is unsafe. A diagnosis of ADHD or cognitive difficulty does not by…

Permission to appeal a criminal conviction should be refused where, after considering the original and fresh grounds, the court finds no arguable merit in any…

Whether a weapon is highly dangerous for sentencing purposes depends on the facts and circumstances. An unbroken bottle used to strike a victim is ordinarily a…

When deciding whether to suspend custody, a sentencing court must weigh the seriousness of the offending against the guideline factors concerning…

In sentencing a parent for a serious drug-supply offence, the court must treat the effect of imprisonment on dependent children as a distinct consideration. It…

An unambiguous and deliberately intended guilty plea ordinarily prevents an appeal against conviction. A challenge may nevertheless be arguable where incorrect…

In sentencing for multiple sexual offences, the totality principle requires the overall sentence to reflect all offending by reference to harm, culpability…

A sentence for extensive sexual offending against children must be assessed by standing back and applying totality to the offending as a whole. The court must…

On a renewed application for leave to appeal against sentence, the Court of Appeal will grant an extension of time only where the proposed appeal has…

An application for leave to appeal a criminal conviction out of time requires a proper explanation for the delay and an arguable basis for appellate…

In a joint criminal trial, an adjournment is not required merely because a defendant seeks further expert analysis. The court must assess the nature of the…

Applications to extend time for criminal appeals require a good reason for delay, but the court may consider the merits where full argument has been heard. An…

An alleged serious and continuing jury-room irregularity, coupled with complaints that the trial judge withheld a jury note and failed to investigate the…

On a sentence appeal by a very young offender, the Court of Appeal held that a sentencing judge may make findings about planning and the use of drugs to…

Fresh evidence on a criminal appeal must be assessed under the overarching interests-of-justice test in the Criminal Appeal Act 1968. Evidence that could and…

The gateway requirement in the Domestic Violence, Crime and Victims Act 2004 is satisfied where, at the time of the unlawful act causing death or serious…

Sentencing an offender who is just over 18 requires attention to age, maturity and the circumstances of the offending. Turning 18 is not a cliff edge…

Hostility based on a personal characteristic may properly inform culpability under a modern sentencing guideline. The same hostility must not be double…

When sentencing for later offences after an offender has received an earlier sentence, the later sentencing court must treat the earlier sentence as correct…

In sentencing appeals, the court must avoid double counting where one offence supplies the means by which another is committed. A vehicle used to commit affray…

Multiple category 2 harm factors may elevate a sexual offence to category 1 where their combined impact is extreme. Relevant consequences may include loss of…

An extended sentence must satisfy both the eligibility conditions and the maximum-term limit in the Sentencing Act 2020. Its total term cannot exceed the…

In sentencing multiple-incident sexual offences, the court must assess the full criminality disclosed by the frequency and number of incidents. The guideline…

In sentencing for multiple offences, the totality principle requires the sentence to reflect the offender’s overall criminality, but does not require all terms…

A stay of criminal proceedings for abuse of process is an exceptional, last-resort remedy. The second limb applies where proceeding would offend the court’s…

In sentencing a child for a grave offence, harm may properly be assessed by reference to both physical and psychological impact. Category 1 harm under the…

On an application by an affected third party under section 42(3)(b) of the Proceeds of Crime Act 2002 to vary or discharge a restraint order, the Crown Court…

For an out-of-time challenge to a conviction following a guilty plea, the court may attach decisive weight to an unequivocal plea entered on a full-facts basis…

A sentence appeal should be dismissed where persistent offending and repeated defiance of court orders justify significant imprisonment, and the resulting…

An appeal against sentence is not a re-sentencing exercise. The appellant must identify an error in the sentencing judge’s approach, while allowing for the…

Sentencing guidelines provide an invaluable starting point, not a fixed tariff. The sentencing court must consider the particular features of the offending and…

Sentencing does not treat an offender’s 18th birthday as a cliff edge. The court must assess individual maturity beyond that birthday and give proper weight to…

In assessing dangerousness under section 308 of the Sentencing Act 2020, a trial judge’s assessment attracts significant weight, but the appellate court may…

A care worker may commit an offence under the Sexual Offences Act 2003 while on sick leave. The relevant question is whether, at the time of the sexual…

A serious fraud sentence may exceed the guideline starting point and may lie just above the guideline range where the offending’s culpability and impact…

A notice abandoning a criminal appeal is ordinarily irrevocable. The Court of Appeal may treat it as a nullity only where the applicant’s mind did not go with…

For religiously aggravated criminal damage, the sentencing guideline is selected by reference to the maximum sentence applicable to the basic offence as it…

On a renewed application for leave to appeal against sentence, the Court of Appeal will not interfere merely because a co-offender received a more favourable…

Non-defendant bad character evidence is admissible only through a statutory gateway. Important explanatory evidence requires both that, without it, the jury…

In sentencing for murder, a vehicle may be treated as a weapon taken to the scene where the offender deliberately drives it at people, even if it was not…

On a reference under section 36 of the Criminal Justice Act 1988, intervention is justified only where the sentence falls outside the range reasonably open to…

Evidence that a complainant had consumed cannabis did not, without more, make capacity to consent an issue. The jury could assess evidence about the…

A case should not be treated as depending on weak identification merely because the identification has features capable of criticism. The evidence must be…

On an Attorney-General’s Reference under section 36 of the Criminal Justice Act 1988, intervention is exceptional. A sentence is unduly lenient only if it…

After the commencement of the Modern Slavery Act 2015, the abuse of process jurisdiction remains available where fresh evidence shows that a defendant may have…

On 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 properly directed…

A judge faced with a possible jury irregularity must use Criminal Practice Direction 8.7 as structured guidance, but it does not prescribe a single response.…

A renewed application for leave to appeal against sentence should be refused where the proposed grounds disclose no arguable case that the sentence was…

Where a sentence falls within a range in which a suspended sentence order is available in principle, the sentencing judge must address the relevant guideline…

A guilty plea does not bar an appeal against conviction, but it creates a considerable obstacle. Where the challenge relies on alleged non-disclosure, the…

On a reference under s 36 of the Criminal Justice Act 1988, leave is exceptional. A sentence is unduly lenient only if it falls outside the range reasonably…

Where counts are properly joined and arise from the same facts, severance remains a matter for the trial judge’s discretion. Prejudice from a linked…

On a renewed application for leave to appeal against conviction, the question is whether it is arguable that the conviction was unsafe. A defendant’s ADHD or…

Once the sentencing guideline factors have fixed the offence category, the full category range remains available to the sentencing judge. The appellate…

Expert evidence of PTSD may be relevant to self-defence where it bears on the threat perceived by the defendant or on whether the defendant honestly and…

On a reference under section 36 of the Criminal Justice Act 1988, a sentence may be increased only if it is unduly lenient, meaning that it falls outside the…

Whether to suspend a custodial sentence is a matter of judicial discretion. The sentencing judge must consider the relevant guideline factors, including…

In sentencing for causing death by careless driving, culpability may properly be placed in category A where speed and conditions make the driving just short of…

For unlawful act manslaughter, definitive pathological identification of the precise cause of death is not essential to a category B sentencing classification.…

For a renewed application for leave to appeal against conviction, the applicant must show an arguable basis for concluding that the conviction is unsafe. Later…

A sexual harm prevention order (SHPO) is a discretionary protective order. It may be imposed, and its terms and duration fixed, only where necessary and…

In large-scale drug-importation sentencing, a starting point of 20 years or more may be appropriate where the operation is on the most serious and commercial…

In an Attorney General’s reference against an unduly lenient sentence for attempting to incite a child to engage in sexual activity, the intended sexual…

A reference under section 36 of the Criminal Justice Act 1988 is not a resentencing exercise. A sentence is unduly lenient only where it falls outside the…

In a rape trial, consent, capacity to consent and reasonable belief in consent should remain for jury determination unless no reasonable jury properly directed…

On an Attorney General’s reference under section 36 of the Criminal Justice Act 1988, a sentence is unduly lenient only where it falls outside the range…

On a reference under section 36 of the Criminal Justice Act 1988, a sentence may be merciful, and a longer immediate custodial sentence may properly have been…

For the partial defence of loss of control, the trial judge must decide whether there is sufficient evidence on which a properly directed jury could reasonably…

On an application to extend time for renewing an application for leave to appeal against sentence, the court must address both merits and delay. A sentence…

When sentencing for multiple offences, the court must apply totality. The sentence must be lower than the aggregate of separate sentences where the offences…

A sentencing judge’s factual findings carry heavy weight, but cannot stand where they conflict with the jury’s verdict. An acquittal on a knife-carrying charge…

Where a witness gives unsworn evidence despite being eligible and required to take the oath, the evidence is not thereby converted into sworn evidence by later…

An extended determinate sentence may be imposed following an individual assessment that an offender presents a significant risk of serious harm through…

On an application to admit fresh evidence in a conviction appeal, the Court of Appeal must decide for itself whether the conviction is unsafe. The possible…

Sentencing co-defendants as a unit does not require identical sentences where their personal circumstances, antecedents or mitigation materially differ. An…

The Court of Appeal will not interfere with informed tactical decisions by trial counsel unless they disclose incompetence, impropriety or a basis for treating…

In an application for an extension of time and leave to appeal against sentence, the merits of the proposed appeal may determine whether time should be…

When related offences are sentenced at different times, totality is assessed by comparing the practical effect of the later sentence with the sentence that…

Significant planning or premeditation does not require a comprehensive plan, special preparations, or pre-purchased means. It may be inferred from a settled…

In a case involving alleged sexual offending after grooming, questions of capacity and genuine consent ordinarily belong to the jury. A judge should withdraw…

Dangerousness is assessed personally by reference to the offender’s conduct, background and the risk at release. The fact that other defendants did not meet…

For causing death by dangerous driving, culpability category A may be established by deliberate disregard of road rules and risk to others, or by speed…

In sentencing large-scale drug offences, the offender’s role may properly be assessed as significant where one or more relevant culpability characteristics is…

For an offence under section 2 of the Explosive Substances Act 1883, likely does not mean more likely than not. Its meaning is determined contextually, and in…

The jury’s constitutional freedom lies in deciding guilt or innocence and cannot be removed by a judicial direction to convict. A judge must direct the jury on…

In sentencing for breach of a Terrorism Prevention and Investigation Measures notice, culpability is assessed by the nature of the deliberate breach of a known…

Evidence of past sexual behaviour and controlling conduct may be admissible under the Criminal Justice Act 2003 as part of relationship history relevant to…

A criminal trial is not rendered unfair by every departure from good practice. The question is whether the departure is so gross, persistent, prejudicial or…

When assessing harm for stalking, the sentencing judge may consider relevant background circumstances that explain the victim’s vulnerability and the impact of…

Whether a custodial sentence should be suspended is essentially a matter for the sentencing judge’s discretion. The appellate court should not interfere unless…

A date in an indictment is not ordinarily essential unless time is an element of the offence or the date has another material significance. An inaccurate date…

On a prosecution appeal against a no-case ruling, the statutory threshold is high, but it is met where the ruling is wrong in law, involves an error of law or…

In sentencing for affray, use of a weapon may contribute to culpability and, where the weapon is especially dangerous, constitute a separate aggravating…

On a reference under Criminal Justice Act 1988, s 36, the Court of Appeal may interfere with a sentence only where it is outside the range reasonably open to…

For the purposes of the Theft Act 1968, property is a context-specific criminal-law concept. The inclusive definition has a wide ambit and may extend to an…