5KBW Criminal Appeals Resources

In this section we provide links to articles and external websites containing procedural rules, guidance and research relating to criminal appeals.

[5KBW are not responsible for the content of these external websites]

The topics covered are:

1. 5KBW Criminal Appeals Unit newsletters, articles and seminars

2. England and Wales

The Court of Appeal (Criminal Division) (CACD)
The Supreme Court
The Criminal Cases Review Commission
The Law Commission Criminal Appeals Project
Prison information

3. Northern Ireland Court of Appeal

4. Caribbean appellate resources

5KBW CRIMINAL APPEALS UNIT NEWSLETTERS, ARTICLES, SEMINARS & PODCASTS

Newsletters

Articles

Horizon, the Post Office and free pardons: Paul Taylor KC asks whether the issuing of a free pardon under the Royal Prerogative of Mercy a potential remedy to the Horizon / post office scandal. [First published on Passle in December 2023]
Renewed Applications for Leave to Appeal and Loss of Time Orders: Paul Taylor KC analyses the decision in Tamiz and Tamiz [2024] EWCA Crim 200, the CACD’s guidance on advising on renewing an application for leave, the risk of loss of time orders and whether the time has come to abolish them.
Potential grounds of appeal (1): Criticism of Trial Lawyers. In this article Paul Taylor KC analyses the approach of the CACD generally to complaints against trial lawyers, lists some practical tips for preparing this ground, and seeks to identify some of the factors that may determine the outcome.
Potential Grounds of Appeal (2). In this article Paul Taylor KC looks at grounds based on fresh evidence, lists some practical tips for preparing this ground, and identifies some of the factors that may determine the outcome.
Andrew Malkinson, the CCRC, the Henley Report and public funding: “The test of a country’s justice is not the blunders which are sometimes made, but the zeal with which they are put right.” (Cyril Connolly). Paul Taylor KC considers the Henley Report into the CCRC's handling of Andrew Malkinson's applications, and the need for a properly funded criminal justice system.
Attorney-General’s references — are they always fatal? Paul Taylor KC analyses the approach of the CACD to AG references and the factors that may affect the decision to intervene. [This article originally appeared in LCCSA The London Advocate, Autumn 2024.]
Potential grounds of appeal (3): Jury irregularities. This article looks at grounds based on jury irregularities.

Seminars

The Inaugural 5KBW Criminal Appeal Unit seminar

On 22nd May 2024 we were delighted to host the first in a series of seminars on criminal appellate issues introduced by Mark Heywood KC.

The Criminal Appeal Office and Court of Appeal (Criminal Division) [CACD]: A practical approach to CACD procedure: Master Alix Beldam KC, Registrar of Criminal Appeals discussed the work of the Criminal Appeal Office and the CACD, the procedural framework for launching and pursuing an appeal and the practical issues that often arise.

Fresh evidence as a ground of appeal (now and in the future): Paul Taylor KC, General Editor of Taylor on Criminal Appeals and Head of the 5KBW Criminal Appeals Unit analysed the CACD’s current approach to grounds of appeal based on fresh evidence, and considered potential changes in this area that may follow the recommendations of the Law Commission’s Criminal Appeal Project (expected in 2025.).

The video presentations are available here, and the Powerpoint slides are available here.

Podcasts

Time for Change...The Law Commission Criminal Appeals Project

The Law Commission has been tasked with making recommendations for changes to the criminal appeal system.
Paul Taylor KC discusses the project with Professor Penney Lewis (Law Commissioner for the Criminal Appeals Project), Matt Foot (co-director of APPEAL), and Dr. Hannah Quirk (Reader in Criminal Law at Kings College London, and editor of the Criminal Law Review.)

Topics discussed include the safety test, the CCRC, substantial injustice, and compensation for miscarriages of justice.

https://podcasters.spotify.com/pod/show/paul-taylor-kc/episodes/Time-for-change--The-Law-Commissions-Criminal-Appeals-Project-e2oaq5q/a-abh9ohp

Statutory Interpretation and Criminal Appeals: Daniel Greenberg CB

On 6th June 2024 5KBW were privileged to have an in-house training session from Daniel Greenberg CB, looking at the principles of statutory interpretation. Listen here. Daniel Greenberg CB took up appointment as Parliamentary Commissioner for Standards on 1 January 2023. He is a lawyer specialising in legislation and the legislative process. He served in the Lord Chancellor's Department (1988-1991), as Parliamentary Counsel (1991-2010), as a consultant at Berwin Leighton Paisner LLP (2010-2016) and as Counsel for Domestic Legislation in the House of Commons (2016-2022). He was appointed Companion of the Order of the Bath (CB) in the New Year Honours List 2021, for services to Parliament. He also serves as the General Editor of Westlaw UK Annotated Statutes and Topics Encyclopaedia. From 2010 to 2022 he provided drafting and training services on legislation in the UK and around the world. He is the Editor of Craies on Legislation, Stroud’s Judicial Dictionary and Jowitt’s Dictionary of English Law. His book Laying Down the Law was published by Thomson Reuters in 2011. He holds a number of academic appointments and interests.

ENGLAND AND WALES

Identifying potential grounds of appeal

Crown Court Compendium – June 2023

“The main aim of this Compendium is to provide guidance on directing the jury in Crown Court trials and when sentencing, though it contains some practical suggestions in other areas, for example jury management,…”

Jury management and summing up:
https://www.judiciary.uk/wp-content/uploads/2023/06/Crown-Court-Compendium-Part-I-June-2023-updated-Feb-2024.pdf

Sentencing:
https://www.judiciary.uk/wp-content/uploads/2023/06/Crown-Court-Compendium-Part-II-Sentencing.pdf

Sentencing Council
https://www.sentencingcouncil.org.uk/public/

How sentencing works: https://www.sentencingcouncil.org.uk/sentencing-and-the-council/how-sentencing-works/

Sentencing guidelines for use in the Crown Court
https://www.sentencingcouncil.org.uk/crown-court/

Court of Appeal (Criminal Division)

The website of the CACD: “What we do, Who we are, Court information”
https://www.gov.uk/courts-tribunals/court-of-appeal-criminal-division

Court of Appeal, Criminal Division review of the year 2023
https://www.judiciary.uk/guidance-and-resources/court-of-appeal-criminal-division-review-of-the-year-has-been-published/

Previous judgments of the CACD (BAILLI)
https://www.bailii.org/ew/cases/EWCA/Crim/

Guidance

Guide to Proceedings in the Court of Appeal, Criminal Division
https://www.judiciary.uk/guidance-and-resources/guide-to-proceedings-in-the-court-of-appeal-criminal-division-2/

The Criminal Practice Directions 2023 require that parties comply with the guidance set down by the Registrar in this Guide.

An essential resource for Judges and Lawyers, it brings together relevant legislation, Criminal Practice Directions and Criminal Procedure Rules with an easy to read narrative.

It also provides useful points of contacts for Court users who wish to contact staff of the Criminal Appeal Office.” Updated Jan 2024

gov.uk guidance

Appeal a Crown Court Decision:
https://www.gov.uk/appeal-against-crown-court-verdict

Court of Appeal Criminal Division guidance for litigants in person and third party assistance
https://www.gov.uk/government/publications/court-of-appeal-criminal-division-guidance-for-litigants-in-person-and-third-party-assistance

This guidance is intended for use by litigants in person (applicants who are representing themselves) and unqualified third parties (non-lawyers) who are assisting them with proceedings in the Court of Appeal Criminal Division.

CPS website: Appeals to the Court of Appeal
https://www.cps.gov.uk/legal-guidance/appeals-court-appeal

How to appeal a criminal conviction or sentence:

Constituency casework

(House of Commons Library)Published Thursday, 13 July, 2023
https://commonslibrary.parliament.uk/how-to-appeal-a-criminal-conviction-or-sentence/

Unduly Lenient Sentence Scheme

Constituency casework

(House of Commons Library) Published Wednesday, 14 June, 2023
https://commonslibrary.parliament.uk/unduly-lenient-sentence-scheme/?_gl=1*1u3x2cy*_up*MQ..*_ga*MTMxODY3MDI1MS4xNzExMDE1Nzgw*_ga_14RSNY7L8B*MTcxMTAxNTc3OS4xLjAuMTcxMTAxNTc3OS4wLjAuMA..

CPS website:
https://www.cps.gov.uk/legal-guidance/unduly-lenient-sentences

Data on Outcome of unduly lenient sentence referrals

This document is intended to assist the public in reviewing cases which have recently been submitted to the Attorney General’s office. This includes the sentences examined, the outcome and details of the cases. This information is updated weekly
https://www.gov.uk/government/publications/outcome-of-unduly-lenient-sentence-referrals

Forms, rules and directions

Criminal Procedure rules: Forms

General: https://www.gov.uk/guidance/criminal-procedure-rules-forms
Appeals forms: https://www.gov.uk/guidance/criminal-procedure-rules-forms#appeal

Links to Form NG Conviction:
https://www.gov.uk/government/publications/criminal-appeal-office-form-ng-conviction

Form NG Sentence:
https://www.gov.uk/government/publications/criminal-appeal-office-form-ng-sentence

Abandoning an appeal:
https://www.gov.uk/government/publications/notice-abandoning-an-appeal

CACD contact details:
https://www.find-court-tribunal.service.gov.uk/courts/court-of-appeal-criminal-division

Criminal Procedure Rules 2020 and Criminal Practice Directions 2023:

General: https://www.gov.uk/guidance/rules-and-practice-directions-2020
Appeals: https://www.gov.uk/guidance/rules-and-practice-directions-2020#appeal

The Supreme Court

https://www.supremecourt.uk/

Court procedures and documents
https://www.supremecourt.uk/procedures/

Criminal Cases Review Commission

Website of the Criminal Cases Review Commission
https://ccrc.gov.uk/

How to apply
https://ccrc.gov.uk/can-i-apply/

Casework policies:
https://ccrc.gov.uk/casework-policies/

Investigatory powers and practices
https://ccrc.gov.uk/our-powers-practices/

Annual reports
https://ccrc.gov.uk/corporate-information-and-publications/

CPS website:

Appeals - Criminal Cases Review Commission

https://www.cps.gov.uk/legal-guidance/appeals-criminal-cases-review-commission

Research:

The impact of R v Jogee: An examination of applications to the Criminal Cases Review Commission (CCRC) Dr Louise Hewitt, University of Greenwich 1 February 2023
https://s3-eu-west-2.amazonaws.com/cloud-platform-e218f50a4812967ba1215eaecede923f/uploads/sites/5/2023/02/FINAL-Feb-23-L-Hewitt-The-impact-of-R-v-Jogee-An-examination-of-applications-to-the-Criminal-Cases-Review-Commission-CCRC-.pdf

The potential impact of legal aid cuts (Prof Richard Vogler, Dr Lucy Welsh, Dr Liz McDonnell and Dr Susann Wiedlitzka – Sussex University)
https://ccrc.gov.uk/completed-research-2/

Women who kill
https://s3-eu-west-2.amazonaws.com/cloud-platform-e218f50a4812967ba1215eaecede923f/uploads/sites/5/2022/04/CWJ_WomenWhoKill_Rpt_WEB.pdf

The Court of Appeal and the Criminalisation of Refugees (Yewa Holiday, Elspeth Guild and Valsamis Mitsilegas)
https://ccrc.gov.uk/court-of-appeal-criminalisation-refugees/

The Law Commission Criminal Appeals Project

The Law Commission is seeking views on the law about appeals in criminal cases, including the tests applied by the Court of Appeal and the Criminal Cases Review Commission; and laws governing post-trial retention and disclosure of evidence.
https://lawcom.gov.uk/project/criminal-appeals/

Issues paper:
https://s3-eu-west-2.amazonaws.com/cloud-platform-e218f50a4812967ba1215eaecede923f/uploads/sites/30/2023/07/Appeals-Issues-Paper-WEB-1.pdf

Prisons

https://www.gov.uk/government/collections/prisons-in-england-and-wales

Find information on prisons and young offender institutions in England and Wales, including how to arrange visits and how to stay in touch with prisoners.

NORTHERN IRELAND COURT OF APPEAL

Judicial decisions and directions
https://www.judiciaryni.uk/judicial-decisions

NI Crown Court Bench book (2015)

https://www.judiciaryni.uk/publications/crown-court-bench-book
Sentencing Guidelines for Northern Ireland
https://www.judiciaryni.uk/sentencing-guidelines-northern-ireland

CARIBBEAN APPELATE RESOURCES

Caribbean legal resources
http://www.commonlii.org/resources/55912/

Caribbean Law Project : This Project includes databases of law materials relating to the Caribbean available via CommonLII.
https://www.accesstolaw.com/commonwealth/caribbean/

Legal resources selected & annotated by Inner Temple Library
https://www.innertemplelibrary.org.uk/caribbean-law-subject-guide/

Cases, Judgments and Laws via Free Websites

University of West Indies, Online Legal Resources
https://www.cavehill.uwi.edu/lawlibrary/legal-resources.aspx

https://www.lawsociety.org.uk/topics/international/americas-and-caribbean

Law Society Guides and resources
https://www.thecommonwealth-ilibrary.org/index.php/comsec/catalog/category/law-human-rights

The Commonwealth promotes and strengthens the rule of law that underpins strong democratic and accountable governance. Topics include legal and judicial reform, human rights, women’s rights, transnational crimes, and the legal aspects of international trade negotiations

Judicial Committee of the Privy Council
https://www.jcpc.uk/index.html

Eastern Caribbean Supreme Court (ECSC)
https://www.eccourts.org/

ECSC Court of Appeal Rules
https://www.eccourts.org/court-of-appeal-rules

ECSC Criminal Procedure Rules
https://cms.eccourts.org/wp-content/uploads/2019/09/No-22-of-2015-Criminal-Procedure-Rules.pdf

ECSC Sentencing Guidelines
https://www.eccourts.org/ecsc-sentencing-guidelines

ECSC E Litigation Portal User Information
https://www.eccourts.org/ecsc-e-litigation-portal-user-information

Caribbean Court of Justice (CCJ)
https://ccj.org/about-the-ccj/

CCJ Appellate Jurisdiction Rules 2019
https://ccj.org/wp-content/uploads/2021/03/CCJ-AJR-2019.pdf

CCJ appellate jurisdiction judgments
https://ccj.org/judges-main/

E-filing Portal
https://ccj.org/services/e-filing-portal/

The Commonwealth of the Bahamas Court of Appeal
https://www.courtofappeal.org.bs/judgments.php

Procedure for appeals to the Court of Appeal in Criminal Matters
https://www.courtofappeal.org.bs/download_static/criminal.pdf