A Practical Approach to Criminal Procedure 16th Edition by John Sprack, Michael Engelhardt Sprack ISBN 0192581655 9780192581655

Part 1 Introduction

1 Setting The Scene

A Trial On Indictment

B Summary Trial

C Classes of Offences

2 The Role of The Criminal Procedure Rules

A The Scope of the Criminal Procedure Rules

B Consolidation and Codification

C the Overriding Objective

D Case Management

E Hearsay Evidence

F Evidence of Bad Character

3 Preliminaries To Court Appearance

A ‘Pace’ and Codes of Practice

B Commencing A Prosecution: the Alternatives

C Arrest Without Warrant and Charge

D Summons and Information

E Charge and Requisition

F Police Questioning of A Suspect

G Powers of Search

H Evidence of Identity

I Special Groups

J Drug Testing

4 Prosecutors

A the Police

B the Crown Prosecution Service

C Other Prosecutors

D the Law Officers of the Crown

5 the Decision To Prosecute

A Methods of Commencing A Prosecution

B Alternatives To Prosecution

C Factors To Consider In Deciding Whether To Prosecute

D Special Factors Relevant To the Decision To Prosecute

Part 2 the Magistrates’ Court

6 Magistrates and Their Courts

A Lay Magistrates

B District Judges (Magistrates’ Court)

C Magistrates’ Clerks/Legal Advisers

7 Bail and Remands

A Remands and Adjournments

B Occasions On Which A Person May Be Granted Bail

C Principles On Which the Decision To Grant Or Refuse Bail Is Taken

D Requirements Imposed When Granting Bail

E Procedure at an Application for Bail in a Magistrates’ Court

F Applications to the Crown Court and High Court Concerning Bail

G Consequences of a Defendant Absconding

H Detention of a Defendant When Bail Is Refused

8 Mode of Trial

A Classification of Offences

B Initial Details of the Prosecution Case

C Determining Mode of Trial

D the Special Procedure for Criminal Damage Charges

E the Special Provision for Low Value Shoplifting

F Linked Summary and Indictable Charges

G Trial On Indictment Or Summary Trial?

9 Disclosure

A the Investigator’S Duty

B Prosecution Disclosure

C Defence Disclosure

D Applications to the Court

E Continuous Review

F Public Interest Immunity

G Sanctions Relating to Defence Disclosure

H Summary Trial

I Third Party Disclosure

10 Course of a Summary Trial

A Jurisdiction of a Magistrates’ Court

B the Bench

C the Information Or Written Charge

D Abuse of Process

E Appearance of the Accused and the Prosecutor

F Legal Representation

G Pre-Trial Hearing

H Course of the Trial

I Powers of Sentencing After Conviction By the Magistrates

J Role of the Clerk Or Legal Adviser

11 Trial of Juveniles

A Trial of Juveniles On Indictment

B Trial of Juveniles in an Adult Magistrates’ Court

C Trial of Juveniles in a Youth Court

D Attendance of Parents

E Sentencing Powers of the Courts Dealing With Juveniles

F Age Limit and Mode of Trial

G Age and Sentence

12 Committal for Sentence

A Magistrates’ Powers

B Committal for Sentence Under the Powers of Criminal Courts (Sentencing) Act 2000, S 3

C Other Powers to Commit for Sentence

13 Sending Cases to the Crown Court

A Introduction

B Indictable Offences

C Notices of Transfer

D Abuse of Process: Staying Proceedings

E Voluntary Bills of Indictment

F Linked Summary Offences

Part 3 Trial On Indictment

14 the Crown Court

A Crown Court Judges

B Organization of the Crown Court

C Magistrates As Judges of the Crown Court

D Rights of Audience in the Crown Court

E the Layout of the Crown Court

15 the Indictment

A Preferring the Draft Indictment

B Counts Which May Be Included in an Indictment

C Contents of the Count

D the Rule Against Duplicity

E Joinder of Counts in an Indictment

F Joinder of Defendants in an Indictment

G Applications Concerning the Indictment

H Appeals Based On Defective Indictments

I Conspiracy Counts

16 Pre-Trial Proceedings

A Plea and Trial Preparation Hearings

B Pre-Trial Rulings

C Preparatory Hearings

D Special Measures for Certain Witnesses

E Evidence By Video-Recording

F Live Links

G Witness Anonymity

17 Pleas

A Time Limits

B Plea of ‘Not Guilty’

C Plea of ‘Guilty’

D Plea of ‘Guilty’ to a Lesser Offence

E Change of Plea

F ‘Plea Bargaining’

G the Accused Who Will Not Or Cannot Plead

H Double Jeopardy

I Other Possible Pleas

J Deferred Prosecution Agreements

18 the Jury

A Eligibility for Jury Service

B Summoning Jurors

C Empanelling a Jury

D Challenges to Jurors

E the Composition of the Jury As a Ground of Appeal

F Discharge of Jurors Or a Jury

19 Judge-Only Trials

A Jury Tampering

B Sample Counts

20 the Course of the Trial

A Counsel and the Judge

B Abuse of Process

C the Prosecution Opening Speech and the Defence Opening Statement

D the Prosecution Case

E Submission of No Case to Answer

F the Defence Case

G Counsel’S Closing Speeches

H Jury Stopping the Case

I the Judge’S Summing-Up

J Evidence Given Out of the Normal Order

K Power of Judge to Call Witnesses

L Hearing in Open Court and Publicity

21 the Verdict

A Retirement of the Jury

B Returning the Verdict

C Verdicts On Counts in the Alternative

D Verdicts of Guilty of an Alternative Offence

E Majority Verdicts

F Discharging the Jury From Giving a Verdict

G Accepting the Verdict

Part 4 Sentencing

22 Procedure Before Sentencing

A the Facts of the Offence

B Antecedents

C Reports On the Offender

D Mitigation

E Taking Other Offences Into Consideration

F Variation of Sentence

G Deferring Sentence

H Sentencing in Magistrates’ Courts

23 Determining the Sentence

A Thresholds and Purposes

B Offence Seriousness

C Guidelines

D Combination of Offences

E Mitigating and Aggravating Factors

24 Custodial Sentences

A Prisons

B Minimum Age for Imprisonment

C Requirements for Custodial Sentences

D Maximum Terms of Imprisonment

E Concurrent and Consecutive Sentences

F Length of Custodial Sentence

G Murder

H Dangerous Offenders

I Mandatory Minimum Sentences

J Suspended Sentences

K Custody for Offenders Under 21

L Release On Licence

M Crediting Periods of Remand

25 Sentences Other Than Custody

A Community Sentences for Those Aged 18 and Over

B Youth Rehabilitation Orders

C Breach, Revocation, and Amendment of Community Sentences

D Orders Affecting Parents

E Fines

F Conditional and Absolute Discharges

G Binding Over

H Endorsement and Disqualification From Driving

I Deprivation Orders

J Compensation Orders

K Restitution Orders

L Confiscation Orders

M Recommendations for Deportation

N Hospital Orders and Restriction Orders

O Criminal Behaviour Orders

P Registration Under the Sex Offences Act 2003

Q Exclusions and Disqualifications

R Referral and Reparation Orders

S Surcharges

Part 5 Appeals and Ancillary Matters

26 Appeals From the Crown Court

A the Criminal Division of the Court of Appeal

B the Right of Appeal Against Conviction

C Appeal Against Sentence

D Determination of Appeals Against Conviction

E Determination of Appeals Against Sentence

F Procedure for Appealing

G Reference By the Attorney-General On a Point of Law

H Attorney-General’S References of ‘Unduly Lenient Sentences’

I Prosecution Appeals Against Rulings of the Trial Judge

J Appeal Against a Verdict of ‘Not Guilty By Reason of Insanity’

K the Criminal Cases Review Commission

L Appeals to the Supreme Court

M Free Pardons

N Example of Appeal

27 Appeals From the Magistrates’ Courts

A Appeals to the Crown Court

B Appeals to the High Court By Case Stated

C Application for Judicial Review

D Appeal From the High Court to the Supreme Court

E the Criminal Cases Review Commission

28 Ancillary Financial Matters

A Public Funding

B Costs

C Charges

29 Your Practice

A Introduction

B Practitioners’ Works

C Rules and Practice Directions

D Law Reports and Journals

E Online Research Sites

F Professional Training

Appendix 1 Deciding on Mode of Trial

Appendix 2 Trial Procedure in Outline

Index