Doughty Street Chambers
11 Experts
2 Contributions by Doughty Street Chambers
PRACTICE NOTES
This Practice Note addresses applications for permission to appeal and notices of appeal lodged on or after 2 December 2024, which fall under the Supreme Court Rules 2024 (SCR 2024), SI 2024/949, together with the Supreme Court Practice Directions (SCR PD).
For guidance on the Supreme Court Rules applicable to appeals progressing before 2 December 2024, or where the permission application or notice of appeal was submitted prior to that date, consult the following Practice Notes:
Supreme Court—permission to appeal—appeals pre-2 December 2024 [Archived]
Supreme Court—completing an application for permission or notice of appeal and how to respond—appeals pre-2 December 2024 [Archived]
Supreme Court—starting and managing the appeal—appeals pre-2 December 2024
Statutory basis of appeal to the Supreme Court
The United Kingdom Supreme Court (UKSC) was created by Part 3 of the Constitutional Reform Act 2005, which took effect on 1 October 2009. The
Corporate Crime
PRACTICE NOTES
Offence of possession of an indecent photograph of a child
Under section 160 of the Criminal Justice Act 1988 (CJA 1988), a person commits an offence by having in their possession any indecent photograph or pseudo-photograph of a child. This is an either way offence.
Indecent
There is no definition of ‘indecent’. The jury must determine indecency by reference to recognised standards of propriety, using an objective test rather than their wholly subjective views alone.
A child
A child means a person who was under 18 at the material time. Expert evidence regarding a child’s age is inadmissible, since the jury are well placed to assess the age of a child for themselves. It is a question of fact for the jury to determine ultimately.
Photograph or pseudo-photograph
The terms photograph and pseudo-photograph bear the same meaning, for these purposes, under section 7 of the Protection of Children Act 1978 (PCA
Corporate Crime
3 Contributions by Doughty Street Chambers Experts
PRACTICE NOTES
This Practice Note sets out an overview of the principal stages in pursuing an appeal before the First-tier Tribunal (Immigration and Asylum Chamber). The content reflects a typical, standard appeal and may not address every possible circumstance, and it does not purport to be exhaustive. Detailed guidance on filing an appeal to the First-tier Tribunal, including applicable fees, is provided in the Practice Note: Submitting an immigration appeal to the First-tier Tribunal (IAC). For a discussion of various practical considerations when preparing an appeal to the First-tier Tribunal, consult Practice Note: Preparing for an immigration appeal to the First-tier Tribunal (IAC).
Procedural requirements: sources
The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (Procedure Rules), SI 2014/2604, which came into effect on 20 October 2014, operate as the procedural code for the Immigration and Asylum Chamber of the First-tier Tribunal. These Rules are
Immigration
PRACTICE NOTES
Evidence of a defendant’s good character in criminal proceedings is admissible and may relate to propensity, credibility, or both:
propensity — the defendant is less likely to have committed the charged offence
credibility — the defendant is more truthful than a person without such character
Procedure for giving good character directions
As a lack of convictions does not of itself prove good character, where reliance is placed upon it, it is the responsibility of defence counsel and the defendant to ensure the judge is made aware. If there is any uncertainty, it is good practice for the judge to raise the point with counsel. Any proposed good character direction should be provided to counsel, and counsel for both the prosecution and the defence should be given the chance to make submissions (R v Gonzales [2004] EWCA Crim 2117 (not reported by
Corporate Crime
PRACTICE NOTES
What is human trafficking?
The widely recognised description appears in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the UN Convention against Transnational Organisational Crime. This instrument provides the accepted definition used to describe trafficking in persons internationally today. It covers the recruitment, transport, transfer, harbouring or receipt of people through threats or actual force, other types of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or by giving or taking payments or advantages to secure the consent of someone who controls another person, all for the purpose of exploitation. Exploitation, at a minimum, includes profiting from the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices akin to slavery, servitude, or the removal of organs. Human trafficking describes moving a person from one
Corporate Crime
If you expected to see yourself on this page, click here.
