Criminal Procedure in UK Law
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Brown v Stott (Procurator Fiscal, Dunfermline)
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The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute.
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R v H and Another
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None of these problems should deter the court from appointing special counsel where the interests of justice are shown to require it. Such an appointment will always be exceptional, never automatic; a course of last and never first resort. It should not be ordered unless and until the trial judge is satisfied that no other course will adequately meet the overriding requirement of fairness to the defendant.
For this purpose the parties' respective cases should not be restrictively analysed. But they must be carefully analysed, to ascertain the specific facts the prosecution seek to establish and the specific grounds on which the charges are resisted. The trial process is not well served if the defence are permitted to make general and unspecified allegations and then seek far-reaching disclosure in the hope that material may turn up to make them good.
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R v Ashton; R v Draz; R v O'Reilly
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If the answer to that question is no, then the court should go on to consider the interests of justice generally, and most particularly whether there is a real possibility that either the prosecution or the defence may suffer prejudice on account of the procedural failure.
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Connelly v DPP
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There can be no doubt that a court which is endowed with a particular jurisdiction has powers which are necessary to enable it to act effectively within such jurisdiction. I would regard them as powers which are inherent in its jurisdiction. A court must enjoy such powers in order to enforce its rules of practice and to suppress any abuses of its process and to defeat any attempted thwarting of its process.
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Gouriet v Union of Post Office Workers
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It is a right which nowadays seldom needs to be exercised by an ordinary member of the public, for since the formation of regular police forces charged with the duty in public law to prevent and detect crime and to bring criminals to justice, and the creation in 1879 of the office of Director of Public Prosecutions, the need for prosecutions to be undertaken (and paid for) by private individuals has largely disappeared; but it still exists and is a useful constitutional safeguard against capricious, corrupt or biased failure or refusal of those authorities to prosecute offenders against the criminal law.
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R v Brown (Winston)
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The rules of disclosure which have been developed by the common law owe their origin to the elementary right of every defendant to a fair trial. If a defendant is to have a fair trial he must have adequate notice of the case which is to be made against him. Fairness also requires that the rules of natural justice must be observed.
- Criminal Procedure
- Review: Criminal Procedure
- Review: Criminal Procedure
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The use of intelligence information in criminal procedure
Intelligence information that law-enforcement authorities may present as evidence in criminal proceedings is a questionable procedure. Intelligence reports are usually preventive and proactive meas...
- 'Proof by Case Management' and Other Myths about the Criminal Procedure Rules
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The American Way – DPAs arrive in the UK
February 2014 marks an important landmark in the UK authorities’ ongoing efforts to fight corporate crime, international corruption and bribery. On 24 February 2014, a new Part 12 of the Criminal P.........On 24 February 2014, a new Part 12 of the Criminal Procedure Rules will come into force, and the Deferred Prosecution ......
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Deferred Prosecution Agreements Arrive in the UK
Deferred prosecution agreements (DPAs) have finally arrived in the UK. As our colleagues at the Bribery Library have detailed in depth, the Crime and Courts Act 2013 creates a procedure whereby a p......... have detailed in depth, the Crime and Courts Act 2013 creates a procedure whereby a prosecutor and an entity facing criminal prosecution may agree ......
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Consultations Announced To Shape UK Plea Bargains For Businesses
...... The Criminal Procedure Rule Committee is consulting on changes to the criminal ......
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Application notice (Pursuant to the Extradition Act 2003)
Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators....... . . Application notices must comply with Part 50 of Criminal Procedure Rules 2015 and 50D of the Criminal Practice Directions and must ......
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Appellant's notice (Application for Permission to Appeal Under Sections 26, 28, 103, 105, 108 and 110 of the Extradition Act 2003)
Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators....... of appeal must be attached to this notice of application (See Criminal Procedure Rules r.50.20). . . . . . . ......
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Apply to extend a representation order
Crown Court forms including the form to extend a representation order....... . . Regulation 18 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) ... enable the case to be managed in accordance with the Criminal Procedure Rules. . . . . . . . . ......
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Guardianship - Application to First-tier Tribunal (Mental Health) Mental Health Act 1983 (As Amended)
Mental Health Tribunal forms including application and pre-hearing examination forms....... . . The Tribunal Procedure (First-tier Tribunal) (HESC) Rules 2008. . . . . . ...’s Nearest Relative when Guardianship Order has been made by a criminal court pursuant to section 37 MHA 1983. . . . . ......