OXFORD UNIVERSITY PRESS

Blackstone's Guide to the Criminal Procedure Rules (2nd edition)

ISBN : 9780199588701

参考価格(税込): 
¥10,956
著者: 
Duncan Atkinson; Tim Moloney QC
関連カテゴリー
ページ
504 ページ
フォーマット
Paperback
サイズ
164 x 234 mm
刊行日
2011年01月
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印刷

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.

目次: 

1. The Overriding Objective and Understanding and Applying the Rules
Introduction
Part 1 - The Overriding Objective
The duty of the participants in a criminal case
The application by the court of the overriding objective
Part 2 - Understanding and applying the Rules
2. Case Management
Introduction
Rules 3.2 and 3.3 - the duties of the court and the parties
Rule 3.4 - case progression officers and their duties
Rules 3.5 to 3.7 - the case management powers of the court and directions
Rules 3.8 to 3.10 - case preparation, readiness for trial and the conduct of a trial or appeal
Rule 3.11 case management forms and records
3. Service, Forms, and Records
Introduction
Service of documents
Forms
Court Records
4. Preliminary Proceedings in the magistrates' court
Introduction
Commencing proceedings
Objecting to the discontinuance of proceedings
Pre-trial hearings in the magistrates' courts
5. Transfers to the Crown Court and Preliminary Crown Court Procedure
Introduction
Section 6 committals
Transfers for trial in cases of serious fraud or involving child witnesses
Sending for trial
Automatic directions
Dismissal of charges sent to the Crown Court
Indictments
Preparatory hearings in serious fraud and complex/lengthy cases
Plea and case management hearings
6. Reporting Restrictions and Extradition
Introduction
Reporting restrictions and public access
Extradition
7. Warrants, Custody, and Bail
Introduction
Warrants of arrest, detention, or imprisonment
Bail
Custody time limits
8. Disclosure
Introduction
Initial details of the prosecution case
Disclosure by the prosecution and the defence
9. Witnesses and Restrictions on Cross-Examination of an Unrepresented Defendant
Introduction
Witness statements
Witness summonses
Special measures
Defendant's evidence directions
Witness anonymity orders
Live television links
Restrictions on cross-examination by the defendant in person
10. International Cooperation
Introduction
Notice to accompany process
Hearings
11. Hearsay and Expert Evidence
Introduction
Expert evidence
Service of expert evidence
The court's role in relation to expert evidence
Hearsay evidence
The rules for hearsay applications
12. Evidence of Bad Character and Relating to a Complainant's Sexual Behaviour
Introduction
Bad Character Evidence
The Rules
Compliance with the Rules
Restrictions on Cross-Examination on Previous Sexual History
13. Trial and Sentence in a Magistrates' Court
Introduction
General
Trial
Guilty pleas
Sentence
Miscellaneous
14. Trial on Indictment, Tainted Acquittals and Retrial Following Acquittal for a Serious Offence
Introduction
Part 39 - trial on indictment
Part 40 - tainted acquittals
Part 41 - retrial following acquittal for serious offence
15. Sentencing
Introduction
Part 42- sentencing procedure in special cases
Part 44 - breach, revocation and amendment of community and other orders
Part 50- civil behaviour orders after conviction or finding
Part 52- enforcement of fines
Part 55 - road traffic penalties
16. Confiscation
Introduction
Confiscation under the Criminal Justice 1988 and the Drug Trafficking Act 1994
Rules applicable for all proceedings under the Proceeds of Crime Act 2002
Rules applicable to confiscation proceedings under Proceeds of Crime Act 2002
Restraint proceedings
Receivership
17. Contempt of Court
Introduction
Scope of the part
Rules relating to evidence
18. Appeals
Introduction
Part 63 - appeal to the Crown Court against conviction or sentence
Appeal to the High Court by way of case stated
Appeal to the Court of Appeal: general rules
Appeal to the Court of Appeal against ruling at preparatory hearing
Appeal to the Court of Appeal against ruling adverse to the prosecution
Part 68 - Appeal to the Court of Appeal about conviction or sentence
Appeal to the Court of Appeal against order restricting reporting or public access
Part 70 - Reference to the Court of Appeal of point of law or unduly lenient sentencing
Part 71 - Appeal to the Court of Appeal under the Proceeds of Crime Act 2002 - general rules
Part 72 - Appeal to the Court of Appeal under the Proceeds of Crime Act 2002 - prosecutor's appeal regarding confiscation
Part 73 - Appeal to the Court of Appeal under the Proceeds of Crime Act 2002 - restraint or receivership orders
Part 74 - Appeal or reference to the Supreme Court
Part 75 - Request to the European Court for a preliminary ruling
19. Costs
Introduction
General
Costs out of central funds
Payment of costs by one party to another
Other costs orders
Assessment of costs
APPENDIX 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
APPENDIX 3 - CONTROL AND MANAGEMENT OF HEAVY FRAUD AND OTHER COMPLEX CRIMINAL CASES

著者について: 

Duncan Atkinson and Tim Moloney QC are both established criminal law barristers, practising 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.

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