In this episode as we continue with appeals, we hear about how people who have had their case heard in the magistrates’ court can appeal against their conviction and sentence and what actually happens during the process, which you’ll be pleased to hear is far simpler than appealing against a conviction or sentence in the Crown Court.
And we also go into the detail about perhaps the most complex type of appeal from the magistrates’ court, which is known as an Appeal by way of Case Stated and how a man who refused to pay a fixed penalty notice found himself in the Supreme Court.
And what is Judicial Review and how can it be used in a criminal case? In this episode we find out, including how a robbery charge against two youths ended up in front of the Lord Chief Justice.
This is the final episode of Series 2 of the Defence Barrister Podcast and I would like to take this opportunity to thank you all for listening.
We will be back early next year with more interesting and thought-provoking content which shows how, warts and all, the criminal justice system really works.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
Content warning. This episode contains details (relevant to the legal issues being considered) of a case concerning the murder of a young woman in terrible circumstances which may cause distress to listeners.
In the vast majority of cases, once you have been sentenced, the prosecution are not entitled to appeal against that sentence, except where the sentence is within a relatively small category of offences which can be overturned by the Court of Appeal as being ‘unduly lenient’. In this episode we look at how this process really works.
And there are also situations where the prosecution can, following an acquittal, seek to clarify a point of law by appealing to the Court of Appeal (an Attorney-General’s reference), but whatever the outcome, it will not affect the defendant’s not guilty verdict.
Contrast this with the situation where the prosecution can seek to appeal against what is commonly known as a ‘terminating ruling’ by a Crown Court Judge (i.e. a legal ruling which usually has the effect of bringing the case to an end, such as the judge agreeing with a defence submission of no case to answer) where the Court of Appeal can set that ruling aside (sometimes very quickly) and the defendant, instead of believing that his or her case was at an end, must now see the trial through to its logical conclusion and await the jury’s verdict.
Thanks for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
Withdrawing a guilty plea and appeals following a plea of guilty.
What do you do if you have pleaded guilty to a criminal offence, but now realise you were not in fact guilty? In this episode we find out how the courts deal with applications to withdraw or vacate guilty pleas, and on what grounds you can appeal against your conviction based on your own plea of guilty.
I hope you enjoy this episode and thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
Is there such a thing as an appeal against a verdict of Not Guilty?
In this episode we look at the law on what is commonly known as double jeopardy, the idea (entrenched in law for many hundreds of years) that once you have been lawfully tried for an offence and a verdict entered, that is the end of it, even if you are acquitted.
In this series I have looked at numerous examples of when people are wrongfully convicted of a crime, and the various grounds of appeal that might be available to quash a wrongful conviction.
But what about when it can be shown that someone has been wrongly acquitted? Can their Not Guilty verdict be quashed and can they be tried all over again for the same offence? In this episode we find out.
I hope you enjoy this episode and thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
In this episode we go to the Court of Appeal Criminal Division to hear the appeal of Aidan Johnson against his conviction for the murder of Daniel Clarke.
Seeking to overturn the conviction on the grounds of fresh evidence and material non-disclosure, Gabriella Hadden - Aidan’s barrister - is confident in her approach, but sometimes hearings in the Court of Appeal can be less straightforward than you anticipated!
I hope you enjoy this episode and thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
Attorney General v Crosland [2021] UKSC 15 https://www.supremecourt.uk/cases/docs/uksc-2021-0099-judgment.pdf
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
In this episode, we take a deep dive into disclosure, that is how disclosure in criminal cases should actually work and why it is of vital importance in every criminal trial.
What do the rules actually require of the prosecution? And can the defence ever be satisfied that disclosure has actually been carried out correctly?
What can the defence do to ensure (as best they can) that full disclosure is provided? And what happens when things go wrong?
I hope you enjoy this episode and thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
Disclosure
R v H [2004] UKHL 3; [2004] 2 Cr. App. R. 10, House of Lords (forerunner to the Supreme Court) https://publications.parliament.uk/pa/ld200304/ldjudgmt/jd040205/hc-1.htm
Criminal Procedure and Investigations Act 1996 https://www.legislation.gov.uk/ukpga/1996/25/contents
Criminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice https://www.gov.uk/government/publications/criminal-procedure-and-investigations-act-1996-section-231-code-of-practice
Attorney General’s Guidelines on Disclosure https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure
Hill v Chief Constable of West Yorkshire [1987] UKHL 12, [1989] AC 53 https://knyvet.bailii.org/uk/cases/UKHL/1987/12.html
National Police Chiefs’ Council (NPCC) Guidance on Retention, Storage and Destruction of Materials and Records relating to Forensic Examination https://www.fcn.police.uk/node/142
Conrad Jones [2014] EWCA Crim 1337 https://www.bailii.org/ew/cases/EWCA/Crim/2014/1337.html
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
Identification, science and non-disclosure as grounds of appeal in criminal cases
Warning: this episode contains a criminal appeal case in which limited reference is made to sexual violence. Listener discretion is advised.
In Episode 5 of Series 2 of the Defence Barrister Podcast, we move on to another case which depended considerably on eyewitness evidence, and how the Court of Appeal dealt with it, and that is the case of Andrew Malkinson, a case where advances in scientific evidence came to his aid, albeit many years after his conviction.
This was a case in which the grounds of appeal also raised clear failures by the prosecution to act in accordance with its duty of disclosure, so we’ll look at that too, and also why non-disclosure was at the heart of the multiple miscarriages of justice in the Post Office appeals.
I hope you enjoy this episode and thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
Malkinson [2023] EWCA Crim 954 https://www.judiciary.uk/wp-content/uploads/2023/08/Malkinson-v-the-King-070823-judgment2.pdf
Hamilton and others v Post Office Limited [2021] EWCA Crim 21 https://www.judiciary.uk/wp-content/uploads/2022/07/Hamilton-Others-v-Post-Office-judgment-230421.pdf
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
Today we turn to grounds of appeal, i.e. the reasons why it is said that the jury's verdict is unsafe. And we look at a number of common grounds of appeal and the cases where they have been considered.
We cover judicial bias, lawyers’ incompetence, the admissibility of evidence, the rules on producing fresh evidence in support of your appeal, appeals based on the refusal of a submissions of no case to answer, material irregularities in the course of a trial, appeals based on changes in the law, as well as on errors of law and the special need for caution in eyewitness identification evidence.
As ever, thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
Bias
Cole [2008] EWCA Crim 3234 https://www.bailii.org/ew/cases/EWCA/Crim/2008/3234.html
AA [2018] EWCA Crim 2191 https://www.bailii.org/ew/cases/EWCA/Crim/2018/2191.html
Incompetent representation
Coombes [2024] EWCA Crim 188 https://www.bailii.org/ew/cases/EWCA/Crim/2024/188.html
Ekaireb [2015] EWCA Crim 1936 https://knyvet.bailii.org/ew/cases/EWCA/Crim/2015/1936.html
Farooqi [2013] EWCA Crim 1649 https://www.judiciary.uk/wp-content/uploads/JCO/Documents/Judgments/r-v-farooqi-others.pdf
Admissibility (confessions)
Paris, Abdullahi and Miller (1993) 97 Cr App R 99 (Cardiff 3 appeal). (No full transcript publicly available)
Campbell [2024] EWCA Crim 1036 https://www.judiciary.uk/wp-content/uploads/2024/09/Oliver-Campbell-judgment-11.09.2024.pdf
Fresh Evidence
s.23 Criminal Appeal Act 1968 https://www.legislation.gov.uk/ukpga/1968/19/section/23
Jury misconduct
Haji [2024] EWCA Crim 955 https://www.bailii.org/ew/cases/EWCA/Crim/2024/955.html
Yussuf v Governor of HMP Belmarsh [2024] EWHC 692 (Admin) https://www.judiciary.uk/judgments/yusuff-and-others-v-the-governor-of-his-majestys-prison-belmarsh/
Identification
Turnbull [1977] QB 224 (CA)
PACE Code D - Code of Practice for the identification of persons by Police Officers https://www.gov.uk/government/publications/pace-code-d-2023
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
How do appeals against conviction from the Crown Court really work?
In episode 3 of Series 2 of the Defence Barrister Podcast, we delve into the appeal process and exactly how you can seek to turn around a wrongful Crown Court conviction.
As we’ll find out, there is no automatic right to appeal against a Crown Court conviction, so what is the process of getting permission to appeal, and then if successful arguing your case in the Court of Appeal?
If you are successful, what powers does the court have and will there always be a retrial? We’ll find out.
And we’ll also look at the case of Tony Martin and how he overturned his conviction for the murder of a burglar who broke into his isolated Norfolk home.
Bear in mind that appealing against a Crown Court conviction is different in almost every way from appealing against a magistrates’ court conviction, and we’ll look at the appeal process from the magistrates in a later episode.
I hope you enjoy this episode and I look forward to you joining me again for episode 4 and the rest of Series 2.
As ever, thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
The ‘safety’ test for an appeal against conviction is laid out in s.2(1) of the Criminal Appeal Act 1968 https://www.legislation.gov.uk/ukpga/1968/19/section/2
Application for Permission to Appeal against Conviction (form NG Conviction + Guidance Notes) https://www.gov.uk/government/publications/criminal-appeal-office-form-ng-conviction
Notice of Application for bail (Form B)
https://www.gov.uk/government/publications/notice-of-application-for-bail
Guide to Proceedings in the Court of Appeal, Criminal Division https://www.judiciary.uk/guidance-and-resources/guide-to-proceedings-in-the-court-of-appeal-criminal-division-2/
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
Aidan Johnson is sentenced for the murder of Daniel Clarke.
DESCRIPTION
In episode 2 of Series 2 of the Defence Barrister Podcast, Aidan Johnson is sentenced for the murder of Daniel Clarke.
From discovering the ins and outs of life sentences for murder and other crimes in Episode 1 of this series, we now join the sentencing hearing for the one and only defendant to be convicted of the murder of Daniel Clarke.
What exactly is the role of the prosecutor at a sentencing hearing? Is it true, as many people think, that the prosecution suggests what the sentence should be?
And what is the role of the defence advocate? As we find out, the plea in mitigation is one of the most important, and sometimes the most powerful, advocacy that a defence advocate can undertake.
In addition, we look at what a pre-sentence report is, who prepares it, why, and when is it actually necessary? And how do victims of crime have their say in the sentencing process? Again, we have that covered in Episode 2.
And then, we find out what sentence Aidan Johnson receives for the crime he has been convicted of.
And next week, the trial and sentencing process now being all but finished, we join Aidan and his solicitor and barrister again, as we explore his options to appeal. Because for Aidan, the truth is that he has just been convicted and sentenced for a crime he did not commit.
I hope you enjoy this episode and I look forward to you joining me again for the next episode and the rest of Series 2.
As ever, thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
Prosecution duties at sentence:
Cain [2006] EWCA Crim 3233 https://www.bailii.org/ew/cases/EWCA/Crim/2006/3233.html
Pre-Sentence Reports and Victim Impact Statements:
Criminal Practice Directions 2023 (Direction 9) https://www.judiciary.uk/wp-content/uploads/2023/04/Criminal-Practice-Directions-2023.pdf
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
When do judges impose life sentences, how do they decide on the minimum term, and when does life really mean life?
DESCRIPTION
Please note: in this episode some of the content contains descriptions of cases of murder and other forms of serious violence, so listener discretion is advised.
Today, in the first episode of Series 2 of the Defence Barrister Podcast, Aidan Johnson faces sentencing for the murder of Daniel Clarke.
To understand life sentences, we look at when judges can impose life sentences, when does life really mean life, and when it doesn’t, how do they decide on the minimum term?
Life sentences are mandatory in murder cases, but discretionary life sentences can also be imposed for defendants who are considered to be dangerous offenders, as well as defendants who are convicted of a really serious offence, but not for the first time. We delve into the detail of how this works.
And when does life actually mean life? In this episode we find out, as well as how judges set the minimum term (the tariff) in other murder cases which, whilst serious, allow a prisoner some prospect of release.
How does the minimum term work and what approach will the parole board take to releasing a prisoner when the minimum term is served?
By the end of this episode, you will have been taking through the various starting points for setting the minimum terms in murder cases, as well as how that starting point can be adjusted up or down depending on the aggravating and mitigating circumstances in a case, and what these are.
You will also hear accounts from cases that have been through the courts and why judges have imposed particular levels of sentence in a variety of murder cases.
And then you will be ready to fully understand the process which Aidan Johnson is about to experience for himself.
I hope you enjoy this episode and I look forward to you joining me again for the the next episode and the rest of Series 2.
As ever, thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
The principal legislation governing the imposition of life sentences is the Sentencing Act 2020 (also known as the Sentencing Code) https://www.legislation.gov.uk/ukpga/2020/17/contents
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
CONTACT
Email: podcast@defence-barrister.co.uk
X https://twitter.com/defencebar
Instagram https://www.instagram.com/defencebar/
COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.
Before Series 2 commences on Wednesday 28 August 2024, here is a recap of what happened in Series 1, both as a reminder for everyone that has listened to all previous 14 episodes in Series 1 and also as a help to new listeners who may be short on time.
What will follow in Series 2?
In Series 2, Aidan is sentenced and we will delve into the sentencing process. How does sentencing really work? What approach will be taken by the judge to sentencing Aidan for murder, and what approach will be taken by the judge in sentencing the reluctant witness Ethan Green for contempt of court, as well as for his attack on Bianca.
And we’ll go into detail about appeals against both sentence and conviction and how exactly they work. As Aidan appeals against his murder conviction, we’ll also look in detail at the rules on prosecution disclosure, and how the prosecution should deal appropriately with information which can assist a defendant facing a criminal charge.
And in Series 2 we will also look at the concept of Pleading Guilty which, whilst it may sound simple, actually carries with it a number of complications and considerations for any defendant, a process which becomes even more difficult if you ever want to appeal your conviction after pleading guilty. We’ll look at exactly how that works too.
That just leaves me to say, I hope you enjoy this Recap Episode and I look forward to welcoming you for the start of Series 2 of the Defence Barrister Podcast on Wednesday 28th August, and then available weekly every Wednesday from wherever you get your podcasts.
Thank you and See you soon.
ADDITIONAL READING - DEFENCE-BARRISTER.CO.UK
For additional detailed reading on many aspects of what is covered throughout this podcast series, please go to Defence-Barrister.co.uk https://www.defence-barrister.co.uk written by Chris Kessling, Criminal Barrister.
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
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COPYRIGHT
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.