Preface |
|
vii | |
Preface to the First Edition |
|
ix | |
Acknowledgements |
|
xiii | |
Abbreviations |
|
xv | |
Contributors |
|
xvii | |
Guide to Blackstone's Criminal Practice |
|
xix | |
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|
xxvii | |
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|
clix | |
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Table of Statutory Instruments |
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ccxxviii | |
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Table of Practice Directions |
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|
ccxxxix | |
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Table of Codes of Conduct |
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|
ccxli | |
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ccxliv | |
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ccxlvi | |
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ccxlvii | |
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Table of International Treaties and Conventions |
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|
ccxlviii | |
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Table of European Legislation |
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|
ccl | |
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|
|
Actus Reus: The external elements of an offence |
|
|
1 | (16) |
|
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17 | (15) |
|
|
32 | (30) |
|
Strict liability and vicarious liability |
|
|
62 | (7) |
|
|
69 | (17) |
|
|
86 | (28) |
|
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114 | (35) |
|
Territorial and extra-territorial jurisdiction |
|
|
149 | (12) |
|
|
|
Homicide and related offences |
|
|
161 | (56) |
|
Non-fatal offences against the person |
|
|
217 | (49) |
|
|
266 | (87) |
|
Theft, handling stolen goods and related offences |
|
|
353 | (63) |
|
Fraud, blackmail and deception |
|
|
416 | (36) |
|
Falsification, forgery and counterfeiting |
|
|
452 | (31) |
|
Company, investment and insolvency offences |
|
|
483 | (31) |
|
|
514 | (13) |
|
Offences affecting security |
|
|
527 | (28) |
|
Terrorism, piracy and hijacking |
|
|
555 | (68) |
|
Offences affecting public order |
|
|
623 | (63) |
|
Offences relating to weapons |
|
|
686 | (77) |
|
Offences affecting enjoyment of premises |
|
|
763 | (26) |
|
Offences against the administration of justice |
|
|
789 | (46) |
|
|
835 | (8) |
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Revenue, customs and social security offences |
|
|
843 | (25) |
|
Offences involving misuse of computers |
|
|
868 | (10) |
|
Offences involving writing, speech or publication |
|
|
878 | (16) |
|
Offences related to drugs |
|
|
894 | (66) |
|
Offences relating to dangerous dogs, hunting and animal welfare |
|
|
960 | (15) |
|
Offences relating to the proceeds of criminal conduct |
|
|
975 | (14) |
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|
989 | (14) |
|
PART C ROAD TRAFFIC OFFENCES |
|
|
|
Definitions and basic principles in road traffic cases |
|
|
1003 | (13) |
|
Evidence and procedure in road traffic cases |
|
|
1016 | (12) |
|
Offences relating to driving triable on indictment |
|
|
1028 | (15) |
|
Offences relating to documents triable on indictment |
|
|
1043 | (7) |
|
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1050 | (28) |
|
|
1078 | (17) |
|
|
1095 | (18) |
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Endorsement, penalty points and disqualification |
|
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1113 | (10) |
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The schedules to the Road Traffic Offenders Act 1988 |
|
|
1123 | (26) |
|
|
|
|
1149 | (62) |
|
The decision to prosecute and diversion |
|
|
1211 | (22) |
|
Courts, judges and parties |
|
|
1233 | (46) |
|
Criminal procedure rules and case management |
|
|
1279 | (7) |
|
Preliminary proceedings in magistrates' courts |
|
|
1286 | (19) |
|
Classification of offences and determining mode of trial |
|
|
1305 | (28) |
|
|
1333 | (63) |
|
|
1396 | (22) |
|
|
1418 | (32) |
|
Sending cases from the magistrates' court to the Crown Court |
|
|
1450 | (47) |
|
|
1497 | (43) |
|
|
1540 | (41) |
|
|
1581 | (32) |
|
Trial on indictment: general matters and pre-trial procedure |
|
|
1613 | (59) |
|
Trial on indictment: the prosecution case |
|
|
1672 | (28) |
|
Trial on indictment: the defence case |
|
|
1700 | (7) |
|
Trial on indictment: procedure between close of defence evidence and retirement of jury |
|
|
1707 | (13) |
|
Trial on indictment: procedure relating to retirement of the jury and verdict |
|
|
1720 | (26) |
|
Trial on indictment: sentencing procedure |
|
|
1746 | (39) |
|
Summary trial: general and preliminary matters |
|
|
1785 | (25) |
|
Summary trial: the course of the trial |
|
|
1810 | (35) |
|
Sentencing in the magistrates' court |
|
|
1845 | (20) |
|
|
1865 | (43) |
|
Civil behaviour orders: ASBOs, Closure Orders, SCPOs and VOOs |
|
|
1908 | (32) |
|
Appeal to the Court of Appeal (Criminal Division) following trial on indictment |
|
|
1940 | (21) |
|
Procedure on appeal to the Court of Appeal (Criminal Division) |
|
|
1961 | (15) |
|
Reference to the Court of Appeal (Criminal Division) following trial on indictment |
|
|
1976 | (7) |
|
Challenging decisions of magistrates' courts and of the Crown Court in its appellate capacity |
|
|
1983 | (17) |
|
Appeals to the Supreme Court and the role of the European Court of Justice and the European Court of Human Rights |
|
|
2000 | (4) |
|
|
2004 | (45) |
|
|
2049 | (8) |
|
|
|
Sentencing: general provisions |
|
|
2057 | (14) |
|
Custodial sentences: general provisions |
|
|
2071 | (11) |
|
|
2082 | (5) |
|
Custodial sentences for dangerous offenders under the Criminal Justice Act 2003 |
|
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2087 | (13) |
|
Prescribed custodial sentences |
|
|
2100 | (5) |
|
Suspended sentences under the Criminal Justice Act 2003 |
|
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2105 | (6) |
|
Custodial sentences: detention and custody of offenders under 21 |
|
|
2111 | (11) |
|
Community order under the Criminal Justice Act 2003 |
|
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2122 | (10) |
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Community sentences: offenders aged under 18 |
|
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2132 | (40) |
|
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2172 | (3) |
|
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2175 | (2) |
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Absolute and conditional discharges |
|
|
2177 | (3) |
|
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2180 | (3) |
|
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2183 | (5) |
|
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2188 | (11) |
|
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2199 | (7) |
|
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2206 | (2) |
|
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2208 | (4) |
|
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2212 | (28) |
|
Recommendation for deportation |
|
|
2240 | (4) |
|
Exclusions and disqualifications |
|
|
2244 | (12) |
|
Mentally disordered offenders |
|
|
2256 | (6) |
|
Notification requirements under the Sexual Offences Act 2003 |
|
|
2262 | (3) |
|
Rehabilitation of offenders |
|
|
2265 | (2) |
|
|
|
General principles of evidence in criminal cases |
|
|
2267 | (20) |
|
The discretion to exclude evidence; evidence unlawfully, improperly or unfairly obtained |
|
|
2287 | (23) |
|
Burden and standard of proof and presumptions |
|
|
2310 | (27) |
|
Competence and compellability of witnesses and oaths and affirmations |
|
|
2337 | (13) |
|
|
2350 | (9) |
|
|
2359 | (24) |
|
Cross-examination and re-examination |
|
|
2383 | (25) |
|
Documentary evidence and real evidence |
|
|
2408 | (22) |
|
Public policy and privilege |
|
|
2430 | (26) |
|
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2456 | (18) |
|
Admissibility of previous verdicts |
|
|
2474 | (10) |
|
Character evidence: evidence of bad character of accused |
|
|
2484 | (41) |
|
Character evidence: admissibility of evidence of accuseds good character |
|
|
2525 | (9) |
|
Character evidence: evidence of bad character of persons other than the accused |
|
|
2534 | (7) |
|
The rule against hearsay: general principles |
|
|
2541 | (12) |
|
Exceptions to the rule against hearsay (excluding confessions) |
|
|
2553 | (41) |
|
The rule against hearsay: confessions |
|
|
2594 | (40) |
|
Evidence of identification |
|
|
2634 | (26) |
|
Inferences from silence and the non-production of evidence |
|
|
2660 | (231) |
|
|
|
Appendix 1 Codes of practice under the Police and Criminal Evidence Act 1984 |
|
|
2685 | (113) |
|
Appendix 2 Attorney-General's guidelines |
|
|
2798 | (17) |
|
Appendix 3 The code for Crown Prosecutors |
|
|
2815 | (6) |
|
|
2821 | (21) |
|
Appendix 5 The consolidated criminal practice direction |
|
|
2842 | (49) |
Index |
|
2891 | |
Introduction |
|
v | |
Acknowledgements |
|
vii | |
|
|
xiii | |
|
|
xv | |
|
Table of Statutory Instruments |
|
|
xxv | |
|
Criminal Procedure Rules 2005 (SI 2005 No. 384) |
|
|
|
|
1 | (3) |
|
Understanding and Applying the Rules |
|
|
4 | (5) |
|
|
9 | (11) |
|
|
20 | (12) |
|
|
32 | (3) |
|
|
35 | (4) |
|
Starting a Prosecution in A Magistrates' Court |
|
|
39 | (4) |
|
Objecting to the Discontinuance of Proceedings in a Magistrates' Court |
|
|
43 | (4) |
|
Pre-trial Hearings in Magistrates' Courts |
|
|
47 | (1) |
|
|
47 | (5) |
|
Transfer for Trial of Serious Fraud Cases or Cases Involving Children |
|
|
52 | (5) |
|
|
57 | (2) |
|
Dismissal of Charges Transferred or Sent to the Crown Court |
|
|
59 | (5) |
|
|
64 | (2) |
|
Preparatory Hearings in Cases of Serious Fraud and other Complex or Lengthy Cases in the Crown Court |
|
|
66 | (5) |
|
Restrictions on Reporting and Public Access |
|
|
71 | (11) |
|
|
82 | (11) |
|
|
93 | (16) |
|
Bail in Magistrates' Courts and the Crown Court |
|
|
109 | (25) |
|
|
134 | (1) |
|
Initial Details of the Prosecution Case |
|
|
135 | (3) |
|
Disclosure by the Prosecution |
|
|
138 | (1) |
|
Disclosure by the Defence |
|
|
138 | (1) |
|
Disclosure of Expert Evidence |
|
|
138 | (3) |
|
Applications for Public Interest Immunity and Specific Disclosure |
|
|
141 | (8) |
|
|
149 | (5) |
|
|
154 | (2) |
|
Witness Summonses and Orders |
|
|
156 | (8) |
|
Special Measures Directions |
|
|
164 | (9) |
|
Use of Live Television Link Other than for Vulnerable Witnesses |
|
|
173 | (1) |
|
Restriction on Cross-Examination by a Defendant Acting in Person |
|
|
174 | (4) |
|
International Co-operation |
|
|
178 | (9) |
|
|
187 | (8) |
|
|
195 | (8) |
|
Evidence of Bad Character |
|
|
203 | (9) |
|
Evidence About a Complainant's Sexual Behaviour |
|
|
212 | (7) |
|
Trial and Sentence in a Magistrate's Court |
|
|
219 | (15) |
|
Trial of Children and Young Persons |
|
|
234 | (1) |
|
|
234 | (3) |
|
|
237 | (8) |
|
Retrial Following Acquittal for Serious Offence |
|
|
245 | (16) |
|
Remittal from one Magistrates' Court to Another for Sentence |
|
|
261 | (1) |
|
Committal to the Crown Court for Sentence |
|
|
262 | (2) |
|
Breach, Revocation and Amendment of Community and Other Orders in a Magistrates' Court |
|
|
264 | (4) |
|
|
268 | (1) |
|
|
269 | (1) |
|
Suspended Sentences of Imprisonment |
|
|
269 | (2) |
|
|
271 | (1) |
|
Hospital and Guardianship Orders |
|
|
272 | (2) |
|
Civil Behaviour Orders after Verdict or Finding |
|
|
274 | (9) |
|
|
283 | (1) |
|
|
283 | (14) |
|
|
297 | (1) |
|
|
298 | (1) |
|
|
299 | (4) |
|
Confiscation Proceedings under the Criminal Justice Act 1988 and the Drug Trafficking Act 1994 |
|
|
303 | (6) |
|
Proceeds of Crime Act 2002---Rules Applicable to all Proceedings |
|
|
309 | (15) |
|
Proceeds of Crime Act 2002---Rules Applicable only to Confiscation Proceedings |
|
|
324 | (12) |
|
Proceeds of Crime Act 2002---Rules Applicable only to Restraint Proceedings |
|
|
336 | (5) |
|
Proceeds of Crime Act 2002---Rules Applicable only to Receivership Proceedings |
|
|
341 | (8) |
|
Proceeds of Crime Act 2002---Rules Applicable to Restraint and Receivership Proceedings |
|
|
349 | (22) |
|
Proceeds of Crime Act 2002---Rules Applicable to Investigations |
|
|
371 | (3) |
|
Appeal to the Crown Court |
|
|
374 | (10) |
|
Appeal to the High Court by Way of Case Stated |
|
|
384 | (7) |
|
Appeal to the Court of Appeal: General Rules |
|
|
391 | (14) |
|
Appeal to the Court of Appeal Against Ruling at Preparatory Hearing |
|
|
405 | (8) |
|
Appeal to the Court of Appeal Against Ruling Adverse to the Prosecution |
|
|
413 | (11) |
|
Appeal to the Court of Appeal about Conviction or Sentence |
|
|
424 | (14) |
|
Appeal to the Court of Appeal Regarding Reporting or Public Access Restrictions |
|
|
438 | (9) |
|
Reference to the Court of Appeal of Point of Law or Unduly Lenient Sentencing |
|
|
447 | (8) |
|
Appeal to the Court of Appeal under the Proceeds of Crime Act 2002---General Rules |
|
|
455 | (10) |
|
Appeal to the Court of Appeal under Proceeds of Crime Act 2002--- Prosecutor's Appeal Regarding Confiscation |
|
|
465 | (3) |
|
Appeal to the Court of Appeal under POCA 2002---Restraint or Receivership Orders |
|
|
468 | (7) |
|
Appeal or Reference to the House of Lords |
|
|
475 | (4) |
|
Reference to the European Court |
|
|
479 | (1) |
|
|
480 | (1) |
|
Recovery of Defence Costs Orders |
|
|
480 | (1) |
|
Costs Orders against the Parties |
|
|
480 | |
|
Sentencing Guidelines Council Sentencing Guidelines |
|
|
|
Reduction in Sentence for a Guilty Plea |
|
|
1 | (8) |
|
New Sentences: Criminal Justice Act 2003 |
|
|
9 | (12) |
|
Overarching Principles: Seriousness |
|
|
21 | (7) |
|
Manslaughter by Reason of Provocation |
|
|
28 | (6) |
|
|
34 | (11) |
|
Breach of a Protective Order |
|
|
45 | (6) |
|
Overarching Principles: Domestic Violence |
|
|
51 | (6) |
|
|
57 | (79) |
|
Fail to Surrender to Bail |
|
|
136 | (7) |
|
Assault and Other Offences Against the Person |
|
|
143 | (19) |
|
Overarching Principles: Assaults on Children and Cruelty to a Child |
|
|
162 | (11) |
|
Magistrates' Court Sentencing Guidelines |
|
|
173 | (182) |
|
|
355 | (10) |
|
Theft and Burglary in a Building Other Than a Dwelling |
|
|
365 | (11) |
|
Breach of an Anti-social Behaviour Order |
|
|
376 | (6) |
|
|
382 | (33) |
Index to Offences in Sentencing Guidelines |
|
415 | |