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This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
"This study selected Crown appeals for the offences of murder, manslaughter, malicious wounding with intent to inflict grievous bodily harm, aggravated sexual assault and armed robbery where the court re-sentenced. The analysis revealed that the first instance sentences appealed by the Crown were sometimes above the median of the population of sentences for a given offence. Similarly, the substituted sentences imposed by the Court of Criminal Appeal frequently fell above the median of the population of sentences. These findings emphasise the complexity of sentencing and the limitations of relying heavily upon statistical concepts such as "population", "average" and "medians" in explaining sentencing results."--p. vii.
With a Foreword by Sir Adrian Fulford, Vice President, Court of Appeal Criminal Division. Are you appealing from the Crown Court or the Court of Appeal? The Criminal Appeals Handbook, Second Edition is THE 'how to' guide to appealing from the Crown Court to the Court of Appeal and beyond, to assist those who seek to challenge a conviction or sentence imposed in the Crown Court. In short, concise chapters this book describes each stage of the appeals process and introduces the reader to the language, law and procedure of pursuing an appeal. It presents ways of investigating what may have gone wrong and what resources and funding is available through legal aid, in order to identify potential grounds of appeal. In addition it provides an overview of interlocutory appeals, responding to prosecution appeals and considering the position of defendants who suffer from mental disorders. It follows the process through to the conclusion of the case in the Court of Appeal, and beyond, covering appeal to the Supreme Court, the Criminal Case Review Commission, and international remedies through the ECtHR and UNHRC. The Second Edition is updated to take account of: The revised Her Majesty's Courts and Tribunals Service Guide to the procedures that must be followed on appeal Amended statutes, Criminal Procedure Rules and Practice Directions in relation to appeals Recent substantive case law in relation to key appellate issues, including the duty of fresh representatives in conviction appeals to consult trial lawyers Important guidance given by the Court of Appeal on the meaning of 'substantial injustice' The court's approach to further information or evidence in sentence appeals and the role of the Court of Appeal in relation to Sentencing Guidelines An invaluable guide to an often-daunting area of criminal litigation for barristers, solicitor advocates and students of the topic. '...a truly useful insight to the otherwise, potentially daunting, web of Court of Appeal procedure... the Criminal Appeals Handbook is a hugely impressive work... I, for one, will not be making my way to the High Court from now on without a copy' Counsel (Review of the previous edition) 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. Rebecca Trowler QC, Doughty Street Chambers, is listed as a leading Band 1 silk in criminal law. She has extensive experience in the most serious, complex and highprofile criminal trials and appeals. Gregory Stewart is a director at GT Stewart where he is head of their specialist appeals team. They are a nationwide firm undertaking private and publicly funded appeals. They have acted in many notable appeal cases and are recommended ranked in both Chambers UK and the Legal 500.
Presents commentary on, and analysis of, the European Union and its substantive law. This book covers the constitutional structure of the EU, examining the functioning of the institutions, the jurisdiction of the European Court of Justice, and the nature of the European legal order. It serves as a reference work for legal practitioners.
Appellate Practice is a legal practitioners' guide to preparing for and conducting court appeals in Australia. Experienced contributors, drawn from a broad range of jurisdictions, provide thorough guidance on practical matters to assist practitioners: understand the objectives and requirements of Court Rules prepare better documentation write better submissions be more capable when addressing the appellate benchThe book will aid practitioners in developing their skills and understanding of the appellate process. It is ideal for barristers, students at bar reader courses and litigation solicitors. It will also benefit newly appointed judges whose background does not include appellate work.
Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
A guide to what a psychiatrist needs to know in order to prepare medico-legal reports and become an expert witness. This book covers the roles and responsibilities of the psychiatric expert witness in the context of case and statute law, administration, training and other practical matters, the medico-legal consultation and the structure and form of the expert report. Specific chapters deal with psychiatric reports in criminal, civil and family cases, as well as inquests, tribunals and other parts of the legal system. Preparation of reports for jurisdictions in the British Isles outside England and Wales is covered. It will be of value to trainee psychiatrists and recently appointed consultants who need a handbook to assist them as they acquire the training, skills and knowledge necessary to prepare expert psychiatric evidence for courts and other legal forums. This book is aimed at psychiatrists who wish to write medico-legal reports and become expert witnesses, but it will also be a useful resource for established expert psychiatric witnesses and the solicitors and barristers who instruct them.