Subjects:

Criminal Law, Practice & Procedure

Contents:

THE CLIENT

Introduction

Preliminary Matters

Initial Interview

Bail Application

Advice on Plea

Advice on Mode of Trial

PART I: INTRODUCTION

1. Setting the Scene

2. The Role of the Criminal Procedure Rules

3. Preliminaries to Court Appearance

4. Prosecutors

5. The Decision to Prosecute

PART II: THE MAGISTRATES' COURT

6. Magistrates and their Courts

7. Bail and Remands

8. Mode of Trial

9. Disclosure

10. Course of a Summary Trial

11. Trial of Juveniles

12. Committal for Sentence

13. Sending Cases to the Crown Court

PART III: TRIAL ON INDICTMENT

14. The Crown Court

15. The Indictment

16. Pre-Trial Proceedings

17. Pleas

18. The Jury

19. Judge-only Trials

20. The Course of the Trial

21. The Verdict

PART IV: SENTENCING

22. Procedure before Sentencing

23. Determining the Sentence

24. Custodial Sentences

25. Sentences other than Custody

PART V: APPEALS AND ANCILLARY MATTERS

26. Appeals from the Crown Court

27. Appeals from the Magistrates' Court

28. The European Dimension

29. Ancillary Financial Matters

30. Your Practice

APPENDICES

National Mode of Trial Guidelines

Disclosure

Imaginary Brief

Trial Procedure in Outline

Review of the Criminal Courts of England and Wales (The Auld Report)

Now in its twelfth edition, A Practical Approach to Criminal Procedure provides a complete guide to the criminal process in England and Wales. It explains what happens before the accused appears in court, the way in which prosecutions are commenced, funding by the criminal defence service, and bail.

It describes proceedings in the magistrates' court, including summary trial and committal for sentence, as well as the way in which the youth court operates. Committal and transfer for trial are clearly explained and the process by which serious offences are sent direct to the Crown Court is also studied. Trial on indictment is discussed in detail, as are sentencing and appeals.

This new edition has been updated to incorporate recent amendments to the Criminal Procedure Rules, the dangerousness provisions of the CJA 2003, and all new sentencing guidelines issued by the Sentencing Guidelines Council.

New to this edition:

• The interpretation and implementation of the new sentences for dangerous offenders brought in by the Criminal Justice Act 2003
• Sentencing guidelines on "Seriousness", "Reduction for a Guilty Plea", "Domestic Violence", "Sexual Offences", "Dangerousness" etc issued by the Sentencing Guidelines Council
• The additional duties placed on the defence, and the Protocols issued for the Magistrates' and Crown Courts respectively on disclosure
• The new procedural rules on expert evidence and evidence about the complainant's sexual behaviour
• Developments in special measures for vulnerable witnesses etc
• The current position on allocation and transfer from Magistrates to Crown Court
• The latest position on judge-only trials (CJA 2003 and DVCVA 2004)
• Amendments to the Criminal Procedural Rules
• Prosecution appeals from the Crown Court - the current position on appeals from terminating and evidential rulings
• The Court of Appeal's guideline case on directions for loss of time in relation to defence appeals
• Double jeopardy - case law on retrials after acquittal
• Developing case law in abuse of process
• Changes to the Bail Act, and new Guidelines (currently under consultation) on level of sentence for failure to surrender