| Preface |
|
v | |
| Acknowledgements |
|
vii | |
| Abbreviations |
|
ix | |
| Contributors |
|
xi | |
|
|
|
xvii | |
|
|
|
clv | |
|
Table of Statutory Instruments |
|
|
ccxxv | |
|
Table of Practice Directions |
|
|
ccxxxvi | |
|
Table of Codes of Conduct |
|
|
ccxxxviii | |
|
|
|
ccxli | |
|
Table of Protocols and Circulars |
|
|
ccxliv | |
|
Table of International Treaties and Conventions |
|
|
ccxlv | |
|
Table of European Legislation |
|
|
ccxlvii | |
|
|
|
|
A1 Actus Reus: The external elements of an offence |
|
|
1 | (16) |
|
|
|
17 | (17) |
|
|
|
34 | (31) |
|
|
|
65 | (15) |
|
|
|
80 | (29) |
|
|
|
109 | (10) |
|
|
|
119 | (36) |
|
A8 Territorial and extra-territorial jurisdiction |
|
|
155 | (12) |
|
|
|
167 | (10) |
|
|
|
|
B1 Homicide and related offences |
|
|
177 | (63) |
|
B2 Non-fatal offences against the person |
|
|
240 | (52) |
|
|
|
292 | (86) |
|
B4 Theft, handling stolen goods and related offences |
|
|
378 | (63) |
|
B5 Fraud, blackmail and deception |
|
|
441 | (35) |
|
B6 Falsification, forgery and counterfeiting |
|
|
476 | (33) |
|
B7 Company, investment and insolvency offences |
|
|
509 | (32) |
|
|
|
541 | (13) |
|
B9 Offences affecting security |
|
|
554 | (28) |
|
B10 Terrorism, piracy and hijacking |
|
|
582 | (67) |
|
B11 Offences affecting public order |
|
|
649 | (66) |
|
B12 Offences relating to weapons |
|
|
715 | (76) |
|
B13 Offences affecting enjoyment of premises |
|
|
791 | (26) |
|
B14 Offences against the administration of justice |
|
|
817 | (47) |
|
|
|
864 | (18) |
|
B16 Revenue, customs and social security offences |
|
|
882 | (23) |
|
B17 Offences involving misuse of computers |
|
|
905 | (10) |
|
B18 Offences involving writing, speech or publication |
|
|
915 | (12) |
|
B19 Offences related to drugs |
|
|
927 | (70) |
|
B20 Offences relating to dangerous dogs, hunting and animal welfare |
|
|
997 | (13) |
|
B21 Offences relating to the proceeds of criminal conduct |
|
|
1010 | |
| Preface |
|
v | |
| Acknowledgements |
|
vii | |
| Abbreviations |
|
ix | |
| Contributors |
|
xi | |
|
|
|
xvii | |
|
|
|
clv | |
|
Table of Statutory Instruments |
|
|
ccxxv | |
|
Table of Practice Directions |
|
|
ccxxxvi | |
|
Table of Codes of Conduct |
|
|
ccxxxviii | |
|
|
|
ccxli | |
|
Table of Protocols and Circulars |
|
|
ccxliv | |
|
Table of International Treaties and Conventions |
|
|
ccxlv | |
|
Table of European Legislation |
|
|
ccxlvii | |
|
|
|
|
A1 Actus Reus: The external elements of an offence |
|
|
1 | (16) |
|
|
|
17 | (17) |
|
|
|
34 | (31) |
|
|
|
65 | (15) |
|
|
|
80 | (29) |
|
|
|
109 | (10) |
|
|
|
119 | (36) |
|
A8 Territorial and extra-territorial jurisdiction |
|
|
155 | (12) |
|
|
|
167 | (10) |
|
|
|
|
B1 Homicide and related offences |
|
|
177 | (63) |
|
B2 Non-fatal offences against the person |
|
|
240 | (52) |
|
|
|
292 | (86) |
|
B4 Theft, handling stolen goods and related offences |
|
|
378 | (63) |
|
B5 Fraud, blackmail and deception |
|
|
441 | (35) |
|
B6 Falsification, forgery and counterfeiting |
|
|
476 | (33) |
|
B7 Company, investment and insolvency offences |
|
|
509 | (32) |
|
|
|
541 | (13) |
|
B9 Offences affecting security |
|
|
554 | (28) |
|
B10 Terrorism, piracy and hijacking |
|
|
582 | (67) |
|
B11 Offences affecting public order |
|
|
649 | (66) |
|
B12 Offences relating to weapons |
|
|
715 | (76) |
|
B13 Offences affecting enjoyment of premises |
|
|
791 | (26) |
|
B14 Offences against the administration of justice |
|
|
817 | (47) |
|
|
|
864 | (18) |
|
B16 Revenue, customs and social security offences |
|
|
882 | (23) |
|
B17 Offences involving misuse of computers |
|
|
905 | (10) |
|
B18 Offences involving writing, speech or publication |
|
|
915 | (12) |
|
B19 Offences related to drugs |
|
|
927 | (70) |
|
B20 Offences relating to dangerous dogs, hunting and animal welfare |
|
|
997 | (13) |
|
B21 Offences relating to the proceeds of criminal conduct |
|
|
1010 | (15) |
|
|
|
1025 | (14) |
|
Part C Road Traffic Offences |
|
|
|
C1 Definitions and basic principles in road traffic cases |
|
|
1039 | (13) |
|
C2 Evidence and procedure in road traffic cases |
|
|
1052 | (11) |
|
C3 Offences relating to driving triable on indictment |
|
|
1063 | (13) |
|
C4 Offences relating to documents triable on indictment |
|
|
1076 | (6) |
|
C5 Drink-driving offences |
|
|
1082 | (29) |
|
C6 Summary traffic offences |
|
|
1111 | (18) |
|
|
|
1129 | (27) |
|
C8 Schedules 1 to 3 to the Road Traffic Offenders Act 1988 |
|
|
1156 | (25) |
|
|
|
|
D1 Powers of investigation |
|
|
1181 | (84) |
|
D2 The decision to prosecute and diversion |
|
|
1265 | (21) |
|
D3 Courts, parties and abuse of process |
|
|
1286 | (52) |
|
D4 Criminal Procedure Rules and case management |
|
|
1338 | (7) |
|
D5 Preliminary proceedings in magistrates' courts |
|
|
1345 | (19) |
|
D6 Classification of offences and determining mode of trial |
|
|
1364 | (26) |
|
|
|
1390 | (65) |
|
|
|
1455 | (30) |
|
|
|
1485 | (34) |
|
D10 Sending cases from the magistrates' court to the Crown Court |
|
|
1519 | (49) |
|
|
|
1568 | (43) |
|
D12 Arraignment and pleas |
|
|
1611 | (40) |
|
|
|
1651 | (33) |
|
D14 Assisting a witness or a defendant |
|
|
1684 | (30) |
|
D15 Trial on indictment: general matters and pre-trial procedure |
|
|
1714 | (38) |
|
D16 Trial on indictment: the prosecution case |
|
|
1752 | (29) |
|
D17 Trial on indictment: the defence case |
|
|
1781 | (7) |
|
D18 Trial on indictment: procedure between close of defence evidence and retirement of jury |
|
|
1788 | (13) |
|
D19 Trial on indictment: procedure relating to retirement of the jury and verdict |
|
|
1801 | (26) |
|
D20 Trial on indictment: sentencing procedure |
|
|
1827 | (39) |
|
D21 Summary trial: general and preliminary matters |
|
|
1866 | (25) |
|
D22 Summary trial: the course of the trial |
|
|
1891 | (33) |
|
D23 Sentencing in the magistrates' court |
|
|
1924 | (21) |
|
|
|
1945 | (44) |
|
D25 Civil behaviour orders: ASBOs, Closure Orders, SCPOs and VOOs |
|
|
1989 | (35) |
|
D26 Appeal to the Court of Appeal (Criminal Division) following trial on indictment |
|
|
2024 | (21) |
|
D27 Procedure on appeal to the Court of Appeal (Criminal Division) |
|
|
2045 | (15) |
|
D28 Reference to the Court of Appeal (Criminal Division) following trial on indictment |
|
|
2060 | (7) |
|
D29 Challenging decisions of magistrates' courts and of the Crown Court in its appellate capacity |
|
|
2067 | (17) |
|
D30 Appeals to the Supreme Court and the role of the European Court of Justice and the European Court of Human Rights |
|
|
2084 | (4) |
|
D31 Public funding and costs |
|
|
2088 | (45) |
|
|
|
2133 | (12) |
|
|
|
|
E1 Sentencing: general provisions |
|
|
2145 | (14) |
|
E2 Custodial sentences: general provisions |
|
|
2159 | (11) |
|
E3 Mandatory life sentences |
|
|
2170 | (5) |
|
E4 Custodial sentences for dangerous offenders under the Criminal Justice Act 2003 |
|
|
2175 | (12) |
|
E5 Prescribed custodial sentences |
|
|
2187 | (6) |
|
E6 Suspended sentences under the Criminal Justice Act 2003 |
|
|
2193 | (6) |
|
E7 Custodial sentences: detention and custody of offenders under 21 |
|
|
2199 | (12) |
|
E8 Community orders under the Criminal Justice Act 2003 |
|
|
2211 | (11) |
|
E9 Community sentences: offenders aged under 18 |
|
|
2222 | (7) |
|
|
|
2229 | (3) |
|
|
|
2232 | (2) |
|
E12 Absolute and conditional discharges |
|
|
2234 | (3) |
|
|
|
2237 | (3) |
|
E14 Orders against parents |
|
|
2240 | (4) |
|
|
|
2244 | (11) |
|
|
|
2255 | (6) |
|
|
|
2261 | (2) |
|
|
|
2263 | (4) |
|
|
|
2267 | (32) |
|
E20 Recommendation for deportation |
|
|
2299 | (3) |
|
E21 Exclusions and disqualifications |
|
|
2302 | (13) |
|
E22 Mentally disordered offenders |
|
|
2315 | (6) |
|
E23 Notification requirements under the Sexual Offences Act 2003 |
|
|
2321 | (3) |
|
E24 Rehabilitation of offenders |
|
|
2324 | (3) |
|
|
|
|
F1 General principles of evidence in criminal cases |
|
|
2327 | (20) |
|
F2 The discretion to exclude evidence; evidence unlawfully, improperly or unfairly obtained |
|
|
2347 | (22) |
|
F3 Burden and standard of proof and presumptions |
|
|
2369 | (26) |
|
F4 Competence and compellability of witnesses and oaths and affirmations |
|
|
2395 | (13) |
|
F5 Corroboration and care warnings |
|
|
2408 | (9) |
|
|
|
2417 | (23) |
|
F7 Cross-examination and re-examination |
|
|
2440 | (26) |
|
F8 Documentary evidence and real evidence |
|
|
2466 | (20) |
|
F9 Public policy and privilege |
|
|
2486 | (27) |
|
|
|
2513 | (20) |
|
F11 Admissibility of previous verdicts |
|
|
2533 | (10) |
|
F12 Character evidence: evidence of bad character of accused |
|
|
2543 | (44) |
|
F13 Character evidence: admissibility of evidence of accused's good character |
|
|
2587 | (9) |
|
F14 Character evidence: evidence of bad character of persons other than the accused |
|
|
2596 | (8) |
|
F15 The rule against hearsay: general principles |
|
|
2604 | (12) |
|
F16 Exceptions to the rule against hearsay (excluding confessions) |
|
|
2616 | (38) |
|
F17 The rule against hearsay: confessions |
|
|
2654 | (40) |
|
F18 Evidence of identification |
|
|
2694 | (15) |
|
F19 Inferences from silence and the non-production of evidence |
|
|
2709 | (24) |
|
|
|
|
Appendix 1 Codes of practice under the Police and Criminal Evidence Act 1984 |
|
|
2733 | (107) |
|
Appendix 2 Attorney-General's guidelines |
|
|
2840 | (17) |
|
Appendix 3 The Code for Crown Prosecutors |
|
|
2857 | (9) |
|
|
|
2866 | (21) |
|
Appendix 5 The consolidated criminal practice direction |
|
|
2887 | |
| Index |
|
2935 | |
|
|
|
2 | (2) |
|
Evidence --- Hearsay Admissibility |
|
|
|
|
|
|
Evidence --- Cross-examination |
|
|
|
Offences --- Absence of Consent |
|
|
3 | (1) |
|
Criminal Law --- Jurisdictional |
|
|
|
|
|
|
|
|
|
Sentencing --- Restraining Orders |
|
|
4 | (1) |
|
|
|
4 | (3) |
|
Riot and Related Offences |
|
|
|
|
|
5 | (1) |
|
|
|
6 | (1) |
|
|
|
|
Indecent Photographs of Children |
|
|
|
|
|
7 | (1) |
|
|
|
7 | (3) |
|
HM Attorney-General v MGN Ltd [ 2011] EWHC 2074 (Admin) |
|
|
|
|
|
8 | (1) |
|
|
|
|
|
|
9 | (1) |
|
|
|
|
|
|
10 | (1) |
|
Criminal Procedure Rules 2011 (SI 2011 No. 1709) |
|
|
|
Riot (Damages) (Amendment) |
|
|
11 | (1) |
|
Regulations 2011 and (Amendment No. 2) Regulations 2011 (SI 2011 Nos. 2002 and 2009) |
|
|
|
The Criminal Defence (Funding) (Amendment) Order 2011 (SI 2011 No. 2065) |
|
|
|
|
|
11 | |
|
Restivo: A Striking Example of the Similar Fact Principle Michael Bowes QC, Barrister, Outer Temple Chambers |
|
|
|
Barring Offenders from Working with Children --- an About-turn on the Law Martin Wasik, LLB, MA, Barrister; Recorder of the Crown Court; Professor of Criminal Justice, Keele University |
|
|
13 | (2) |
|
|
|
15 | |
|
|
|
ix | |
|
|
|
xi | |
|
Table of Statutory Instruments |
|
|
xx | |
|
Table of International Treaties and Conventions and other Legal Instruments |
|
|
xxiv | |
|
Table of European Legislation |
|
|
xxiv | |
|
Criminal Procedure Rules 2011 |
|
|
1 | (152) |
|
Part 1 The Overriding Objective |
|
|
1 | (3) |
|
Part 2 Understanding and Applying the Rules |
|
|
4 | (5) |
|
|
|
9 | (11) |
|
Part 4 Service of Documents |
|
|
20 | (12) |
|
Part 5 Forms and Court Records |
|
|
32 | (7) |
|
Part 6 Investigation Orders |
|
|
39 | (26) |
|
Part 7 Starting a Prosecution in a Magistrates' Court |
|
|
65 | (4) |
|
Part 8 Discontinuing a Prosecution |
|
|
69 | (4) |
|
|
|
|
Part 10 Committal for Trial |
|
|
73 | (5) |
|
Part 11 Transfer for Trial of Serious Fraud Cases or Cases Involving Children |
|
|
78 | (5) |
|
Part 12 Sending for Trial |
|
|
83 | (2) |
|
Part 13 Dismissal of Charges Transferred or Sent to the Crown Court |
|
|
85 | (5) |
|
|
|
90 | (2) |
|
Part 15 Preparatory Hearings in the Crown Court |
|
|
92 | (5) |
|
Part 16 Reporting, etc. Restrictions |
|
|
97 | (11) |
|
|
|
108 | (11) |
|
Part 18 Warrants for Arrest, Detention or Imprisonment |
|
|
119 | (7) |
|
Part 19 Bail in Magistrates' Courts and the Crown Court |
|
|
126 | (27) |
|
Part 20 Custody Time Limits |
|
|
153 | (1) |
|
Part 21 Initial Details of the Prosecution Case |
|
|
154 | (3) |
|
|
|
157 | (9) |
|
|
|
|
Part 27 Witness Statements |
|
|
166 | (4) |
|
Part 28 Witness Summonses, Warrants and Orders |
|
|
170 | (8) |
|
Part 29 Measures to Assist a Witness or Defendant to Give Evidence |
|
|
178 | (26) |
|
|
|
|
Part 31 Restriction on Cross-Examination by a Defendant Acting in Person |
|
|
204 | (4) |
|
Part 32 International Co-operation |
|
|
208 | (10) |
|
|
|
218 | (10) |
|
|
|
228 | (5) |
|
Part 35 Evidence of Bad Character |
|
|
233 | (6) |
|
Part 36 Evidence of a Complainant's Previous Sexual Behaviour |
|
|
239 | (7) |
|
Part 37 Trial and Sentence in a Magistrates' Court |
|
|
246 | (15) |
|
|
|
|
Part 39 Trial on Indictment |
|
|
261 | (3) |
|
Part 40 Tainted Acquittals |
|
|
264 | (8) |
|
Part 41 Retrial Following Acquittal for Serious Offence |
|
|
272 | (16) |
|
Part 42 Sentencing Procedures in Special Cases |
|
|
288 | (10) |
|
|
|
|
Part 44 Breach, Revocation and Amendment of Community and Other Orders |
|
|
298 | (4) |
|
|
|
|
Part 50 Civil Behaviour Orders after Verdict or Finding |
|
|
302 | (9) |
|
|
|
|
Part 52 Enforcement of Fines and Other Orders for Payment |
|
|
311 | (9) |
|
|
|
|
Part 55 Road Traffic Penalties |
|
|
320 | (5) |
|
Part 56 Confiscation Proceedings under the Criminal Justice Act 1988 and the Drug Trafficking Act 1994 |
|
|
325 | (6) |
|
Part 57 Proceeds of Crime Act 2002: Rules Applicable to all Proceedings |
|
|
331 | (15) |
|
Part 58 Proceeds of Crime Act 2002: Rules Applicable only to Confiscation Proceedings |
|
|
346 | (12) |
|
Part 59 Proceeds of Crime Act 2002: Rules Applicable only to Restraint Proceedings |
|
|
358 | (6) |
|
Part 60 Proceeds of Crime Act 2002: Rules Applicable only to Receivership Proceedings |
|
|
364 | (8) |
|
Part 61 Proceeds of Crime Act 2002: Rules Applicable to Restraint and Receivership Proceedings |
|
|
372 | (22) |
|
Part 62 Contempt of Court |
|
|
394 | (12) |
|
Part 63 Appeal to the Crown Court |
|
|
406 | (10) |
|
Part 64 Appeal to the High Court by Way of Case Stated |
|
|
416 | (6) |
|
Part 65 Appeal to the Court of Appeal: General Rules |
|
|
422 | (14) |
|
Part 66 Appeal to the Court of Appeal against Ruling at Preparatory Hearing |
|
|
436 | (8) |
|
Part 67 Appeal to the Court of Appeal against Ruling Adverse to the Prosecution |
|
|
444 | (11) |
|
Part 68 Appeal to the Court of Appeal about Conviction or Sentence |
|
|
455 | (14) |
|
Part 69 Appeal to the Court of Appeal Regarding Reporting or Public Access Restriction |
|
|
469 | (9) |
|
Part 70 Reference to the Court of Appeal of Point of Law or Unduly Lenient Sentencing |
|
|
478 | (8) |
|
Part 71 Appeal to the Court of Appeal under the Proceeds of Crime Act 2002: General Rules |
|
|
486 | (10) |
|
Part 72 Appeal to the Court of Appeal under Proceeds of Crime Act 2002: Prosecutor's Appeal Regarding Confiscation |
|
|
496 | (3) |
|
Part 73 Appeal to the Court of Appeal under POCA 2002: Restraint or Receivership Orders |
|
|
499 | (7) |
|
Part 74 Appeal or Reference to the Supreme Court |
|
|
506 | (4) |
|
Part 75 Request to the European Court for a Preliminary Ruling |
|
|
510 | (4) |
|
|
|
514 | |
|
|
|
523 | |
|
|
|
153 | (330) |
|
Part 1 Reduction in Sentence for a Guilty Plea |
|
|
1 | (8) |
|
Part 2 New Sentences: Criminal Justice Act 2003 |
|
|
9 | (12) |
|
Part 3 Overarching Principles: Seriousness |
|
|
21 | (7) |
|
Part 4 Manslaughter by Reason of Provocation |
|
|
28 | (6) |
|
|
|
34 | (11) |
|
Part 6 Breach of a Protective Order |
|
|
45 | (6) |
|
Part 7 Overarching Principles: Domestic Violence |
|
|
51 | (6) |
|
Part 8 Sexual Offences Act 2003 |
|
|
57 | (79) |
|
Part 9 Fail to Surrender to Bail |
|
|
136 | (7) |
|
Part 10 Assault Definitive Guideline (Crown Court) |
|
|
143 | (10) |
|
Part 11 Overarching Principles: Assaults on Children and Cruelty to a Child |
|
|
153 | (12) |
|
Part 12 Magistrates' Court Sentencing Guidelines |
|
|
165 | (193) |
|
Part 13 Causing Death by Driving |
|
|
358 | (10) |
|
Part 14 Theft and Burglary in a Building Other Than a Dwelling |
|
|
368 | (11) |
|
Part 15 Breach of an Anti-social Behaviour Order |
|
|
379 | (6) |
|
|
|
385 | (8) |
|
Part 17 Sentencing for Fraud---Statutory Offences |
|
|
393 | (13) |
|
Part 18 Overarching Principles---Sentencing Youths |
|
|
406 | (13) |
|
Part 19 Corporate Manslaughter and Health and Safety Offences Causing Death |
|
|
419 | (64) |
| Index |
|
483 | |
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