header-logo header-logo

25 January 2007
Issue: 7257 / Categories: Case law , Law digest
printer mail-detail

Criminal litigation

R v Hart [2006] EWCA Crim 3239, [2006] All ER (D) 174 (Dec)

The court considered its power, under s 29 of the Criminal Appeal Act 1968, to direct that some or all of the period served by the applicant since he was sentenced should not count towards his sentence on the grounds that his application lacked merit.

Lord Justice Latham expressed concern that a significant number of applications for leave to appeal against conviction or sentence are wholly without merit and are taking up the time of single judges and being renewed to the full court. He concluded: “We hope that both applicants and counsel will heed the fact that this court is prepared to exercise its power and will do so more frequently in the future than it has done so in the past.

The mere fact that counsel has advised that there are grounds of appeal will not always be a sufficient answer to the question as to whether or not an application has indeed been brought which was totally without merit. It should not be thought that this court will not exercise its power on other occasions even if there is an advice from counsel supporting grounds of appeal.”

Issue: 7257 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll