Criminal Appeals Handbook

Erscheinungsjahr 2015
ISBN: 978-1-78043-463-6
Verlag: Bloomsbury

Buch, Englisch, 352 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 591 g

Reihe: Criminal Practice Series

Criminal Appeals Handbook provides practical assistance to legal representatives of clients who are seeking to challenge convictions or sentences in the Court of Appeal and beyond. This book will also be of interest to those convicted and their families by assisting them to understand the process, their rights and their options.

The process of appealing to the criminal court is an area of law where the practitioner and the layman are in need of practical guidance. The changes that the criminal profession is experiencing are likely to result in an increased need for guidance in this area, especially for solicitor advocates who, unlike chambers- based counsel, have not experienced the Court of Appeal as part of their training.

In order to be of maximum practical assistance, the book takes each topic in the order in which it arises in the appeal process. It begins with how to obtain advice including funding for advice and assistance legal aid, potential grounds of appeal, lodging, etc. and will follow the process through to the conclusion of the case in the Court of Appeal. There is then a short section on Appeal to the Supreme Court followed by reference to the Criminal Case Review Commission, then finally international remedies (ECtHR and UNHRC).

Criminal Appeals Handbook covers the following topics:

Appeals against conviction;
Appeals against sentence;
Referrals to the CCRC;
Pardons;
Applications to the ECtHR;
Application to the UN Human Rights Committee.

Each chapter is divided into small subsections. The sections concerned with the law begin by stating the law, with the authority and a short explanation and conclude by citing the other relevant case law in the area. Chapters concerned with procedural aspects of the process conclude with a checklist of relevant matters. Guidance on funding each aspect of the appeal process is also included.

This book brings together and restates the law that has been set out elsewhere in various cases, textbooks, guidelines and practice directions, in a practical, comprehensive and user-friendly style.

Autoren/Hrsg.

Jones, Daniel

Stewart, Gregory

Bennathan, Joel

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Contents
Part 1: The Law

1 Introduction to the Court of Appeal

2 Applying the law: recent developments

3 Appeals against conviction

4 Appeals against sentence

Part 2: The Appeal Process

5 Defence investigations

6 Applying for leave to appeal

7 Preparing for hearings in the Court of Appeal

8 Public funding and pro bono assistance

Part 3: Applications from the Court of Appeal

9 The Criminal Cases Review Commission

10 Appealing to the Supreme Court

11 Applications to the European Court of Human Rights

Part 4: Other Rights of Appeal
12 Appeals against interlocutory rulings

13 Responding to prosecution appeals

14 Appeals in relation to defendants suffering from a mental disorder

Appendices

Über Autor(innen)

Stewart, Gregory
Greg Stewart is a higher courts advocate and senior solicitor at GT Stewart Solicitors & Advocates, a large national criminal defence firm. He is a member of the Law Society Criminal Law Committee and he lectures and speaks on criminal justice issues.

He is a member of the Law Society Association of Higher Court Advocates and the London Criminal Courts Solicitors' Association.

He and his firm have been ranked in the current (and past) editions of the leading guides to the legal professions.

The current edition of Chambers UK states:

Greg Stewart is considered "thorough, hard-working and clever," by market commentators. He centres his practice on the defence of serious criminal charges and appellate work. Sources report: "He is passionate about the law and will stop at nothing to fight for his clients' cases. He is extremely capable and knowledgeable

The current edition of the Legal 500:

"Greg Stewart, is praised as being 'thorough' and 'very hardworking', heads the practice at GT Stewart Solicitors"

Bennathan, Joel
Joel Bennathan QC, Doughty Street Chambers, has an established defence practice in serious and complex crime with a specialism in a broad range of appeals. He is listed as a band 1 QC by Chambers and Partners and the Legal 500.

Jones, Daniel
Daniel Jones of Dyers Chambers

Joel Bennathan QC of Doughty Street Chambers, Daniel Jones is a criminal barrister at Dyers Chambers with 11 years of PQE experience and Greg Stewart is the managing partner and head of the appeal department of GT Stewart, a leading London firm specialising in criminal appeals and ranked in band 3 by Chambers and the Legal 500.