Tag: Crown Court
Court of Appeal judgment on vulnerable child defendants and intermediaries
The Court of Appeal considered an appeal against conviction based on the fact that the appellant had not had an intermediary despite one being required and that an adverse inference had then been drawn from the appellant's failure to give evidence.
Ruling on pre-recorded cross-examination of child witnesses
The Court of Appeal analysed the effect of the Youth Justice and Criminal Evidence Act 1999 s.28 and pre-recorded cross-examination of child witnesses.
Report on how the UK’s cannabis policies are affecting young people
Volteface, a think tank which looks at alternatives to current drug policies in the UK, have published a report on how effectively the UK’s cannabis policies are safeguarding young people from harm including from a criminal justice perspective.
Justice Select Committee report on disclosure in criminal cases
The Justice Select Committee has released a report on disclosure of evidence in criminal cases. Disclosure of unused material in criminal cases is essential to a defendant receiving a fair trial. The urgency to revisit disclosure processes became apparent after a notorious failure in a number of cases between December 2017 and spring 2018. The report examines the failures in disclosure, the role of the Crown Prosecution Service (CPS) and the police, and provides a set of recommendations to ensure a more effective disclosure process.
Judicial protocol: expedition involving witnesses aged under 10
The National Police Chiefs’ Council (NPCC), Crown Prosecution Service (CPS) and Her Majesty’s Courts & Tribunals Service (HMCTS) have signed up to follow a protocol to expedite cases involving witnesses aged under 10.
Judicial College Crown Court Compendium on Sentencing
The Judicial College has published The Crown Court Compendium (May 2016), providing guidance on directing the jury in Crown Court trials and when sentencing. It contains specific guidance on the sentencing of children.
Equal Treatment Bench Book 2018: new edition launched
Equal Treatment Bench Book, Judicial College, February 2018 The Equal Treatment Bench Book has been updated and expanded by the Judicial College who state that ‘true equal treatment may not always mean treating everyone in the same way’. Chapter 2 relates to children, young people and vulnerable adults. Details Practitioners representing children in the criminal […]
Court of Appeal judgment on joint enterprise and trials of vulnerable defendants
R v Grant-Murray and Henry; R v McGill, Hewitt and Hewitt  EWCA 1228 Five defendants, in two joined applications to appeal, challenged their convictions for joint enterprise murder. The appeals also raised issues as to how young or vulnerable defendants are dealt with by the court. Whilst the applications to appeal were all dismissed, the court made important comments on the training of practitioners representing children and vulnerable defendants in the criminal courts.
A case on Referral Orders in the Crown Court
Regina v Reyon Menelek Dillon  EWCA Crim 2642 The Court of Appeal judgment supports remittal to the youth court for sentence when adult co-defendants cause delay and, additionally, when the compulsory referral order conditions are met. Details The appellant was 16 years old when he allowed his bank account to be used to hold […]