Blackstone's Guide to the Criminal Procedure Rules

by Duncan Atkinson, Tim Moloney QC

Overview

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The Criminal Procedure Rules govern all aspects of criminal procedure in all criminal courts. The Rules were designed to bring about a cultural change and all those involved in the criminal justice system are affected by the new regime. While many practitioners initially thought that they would have little impact upon the criminal courts, they have become an essential litigation framework. They consolidate all procedural rules with new provisions aimed at increasing efficiency and improving case management. Amendments to the rules made since their introduction render them a cradle to grave pathway that practitioners must follow, codifying rules previously contained in hundreds of different documents.

The new edition of this Guide provides a full, clear analysis of the Rules, and places them in context, tracking the development of the rules since their introduction in 2005. Following the structure of the Rules, and including checklists of time limits and key tasks to be performed, the Blackstone's Guide to the Criminal Procedure Rules is an essential purchase for criminal practitioners, magistrates, and judges.

The Guide contains the full updated Criminal Procedure Rules 2010, and the Consolidated Criminal Practice Direction, providing a comprehensive and up-to-date collection of relevant procedural materials.

Product Details

ISBN-13:	9780199588701
Publisher:	Oxford University Press
Publication date:	03/08/2011
Series:	Blackstone's Guides
Edition description:	2nd Revised ed.
Pages:	504
Product dimensions:	6.10(w) x 9.10(h) x 1.10(d)

About the Author

Duncan Atkinson and Tim Moloney QC are both established criminal law barristers, practicing from 6 King's Bench Walk and Tooks Chambers respectively. They were both members of the Criminal Bar Assocation Working Party on the Criminal Procedure Rules, and are contributors to Blackstone's Criminal Practice.

Table of Contents

1. The Overriding Objective and Understanding and Applying the RulesIntroductionPart 1 - The Over-riding ObjectiveThe duty of the participants in a criminal caseThe application by the court of the overriding objectivePart 2 - Understanding and Applying the Rules2. Case ManagementIntroductionRules 3.2 and 3.3 - The Duties of the Court and the PartiesRule 3.4 - Case Progression Officers and their DutiesRules 3.5 to 3.7 - The Case Management Powers of the Court and DirectionsRules 3.8 to 3.10 - Case Preparation, Readiness for Trial and the Conduct of a Trial or AppealRule 3.11 Case Management Forms and Records3. Service, Forms and RecordsIntroductionService of DocumentsFormsCourt Records4. Preliminary Proceedings in the Magistrates' CourtIntroductionCommencing ProceedingsObjecting to the Discontinuance of ProceedingsPre-trial Hearings in the Magistrates' Courts5. Transfers to the Crown Court and Preliminary Crown Court ProcedureIntroductionSection 6 CommittalsTransfers for Trial in Cases of Serious Fraud or Involving Child WitnessesSending for TrialAutomatic DirectionsDismissal of Charges sent to the Crown CourtIndictmentsPreparatory Hearings in Serious Fraud and Complex/Lengthy CasesPlea and Case Management Hearings6. Reporting Restrictions and ExtraditionIntroductionReporting Restrictions and Public AccessExtradition7. Warrants, Custody and BailIntroductionWarrants of Arrest, Detention or ImprisonmentBailCustody Time Limits8. DisclosureIntroductionInitial Details of the Prosecution CaseDisclosure by the Prosecution and the Defence9. Witnesses and Restrictions on Cross-Examination of an Unrepresented DefendantIntroductionWitness StatementsWitness SummonsesSpecial MeasuresDefendant's Evidence DirectionsWitness Anonymity OrdersLive Television LinksRestrictions on Cross-Examination by the Defendant in Person10. Part 32 - International Co-operationWitnessesIntroductionNotice to Accompany ProcessHearings11. Hearsay and Expert EvidenceIntroductionExpert EvidenceService of Expert EvidenceThe Court's Role in Relation to Expert EvidenceHearsay EvidenceThe Rules for Hearsay Applications12. Evidence of Bad Character and Relating to a Complainant's Sexual BehaviourIntroductionBad Character EvidenceThe RulesCompliance with the RulesRestrictions on Cross-Examination on previous Sexual History13. Trial and Sentence in a Magistrates' CourtIntroductionGeneralTrialGuilty PleasSentenceMiscellaneous14. Trial on Indictment, Tainted Acquittals and Retrial Following Acquittal for a Serious OffenceIntroductionPart 39 - Trial on IndictmentPart 40 - Tainted AcquittalsPart 41 - Retrial Following Acquittal for Serious Offence15. SentencingIntroductionPart 42- Sentencing Procedure in Special CasesPart 44 - Breach, Revocation and Amendment of Community and Other OrdersPart 50- Civil Behaviour Orders After Conviction or FindingPart 52- Enforcement of FinesPart 55 - Road Traffic Penalties16. ConfiscationIntroductionConfiscation under the Criminal Justice 1988 and the Drug Trafficking Act 1994Rules Applicable for all Proceedings under the Proceeds of Crime Act 2002Rules Applicable to Confiscation Proceedings under Proceeds of Crime Act 2002Restraint ProceedingsReceivership17. Contempt of CourtIntroductionScope of the PartRules Relating to Evidence18. AppealsIntroductionPart 63-Appeal to the Crown Court against Conviction or SentenceAppeal to the High Court by way of Case StatedAppeal to the Court of Appeal: General. Appeal to the Court of Appeal against Ruling at Preparatory HearingAppeal to the Court of Appeal against Ruling Adverse to the ProsecutionPart 68 - Appeal to the Court of Appeal about Conviction or SentenceAppeal to the Court of Appeal against Order Restricting Reporting or Public AccessPart 70 - Reference to the Court of Appeal of Point of Law or Unduly Lenient SentencingPart 71-Appeal to the Court of Appeal under the Proceeds of Crime Act 2002- General RulesPart 72- Appeal to the Court of Appeal under the Proceeds of Crime Act 2002- Prosecutor's Appeal Regarding ConfiscationPart 73- Appeal to the Court of Appeal under the Proceeds of Crime Act 2002- Restraint or Receivership OrdersPart 74- Appeal or Reference to the Supreme CourtPART 75- Request to the European Court for a Preliminary Ruling19. CostsIntroductionGeneralCosts out of Central FundsPayment of Costs by One Party to AnotherOther Costs OrdersAssessment of CostsAppendix 1 - The Criminal Procedure Rules 2010 (SI 2010 No. 60), as amended by the Criminal Procedure (Amendment) Rules 2010 (SI 2010 No. 1921)Appendix 2 - The Consolidated Criminal Practice Direction