Trial on indictment definition

View the related practice notes about Trial on indictment

Applying for costs from a prosecutor following an unsuccessful criminal prosecution

Applying for costs from a prosecutor following an unsuccessful criminal prosecution Where a party to criminal proceedings incurs costs as a result of another party’s unnecessary or improper act or omission, the criminal courts may make an order that those costs be paid by the party that acted unnecessarily or improperly. An acquitted defendant may seek costs on this basis, but successful applications are very rare given the very high threshold that must be met. An award of costs on this basis differs from a defendants' costs order made under section 16 of the Prosecution of Offences Act 1985 (POA 1985) and from a wasted costs order made against lawyers under POA 1985, s 19A. See Practice Notes: Recovering acquitted defendants' costs in criminal proceedings and Wasted costs in criminal proceedings. The basis of a costs order under POA 1985 s 19 The courts’ power to make such a cost order is found in POA 1985, s 19 and regulation 3 of the Costs in Criminal Cases...

Confiscation under the Proceeds of Crime Act 2002

Confiscation under the Proceeds of Crime Act 2002 This Practice Note considers the purposes of and procedure applicable to confiscation under the Proceeds of Crime Act 2002 (POCA 2002), which replaced the previous regimes available under the Criminal Justice Act 1988 (CJA 1988), in Part VI and the Drug Trafficking Act 1994 (DTA 1994) (together, the pre-POCA 2002 regime). For detailed guidance on the pre-POCA 2002 regime, see: • Practice Note: Confiscation pre Proceeds of Crime Act 2002 [Archived] • Confiscation Procedure under the Criminal Justice Act 1988—checklist [Archived] Purpose of confiscation under POCA 2002 A confiscation order deprives a defendant of the benefit they gained from their criminal conduct. A confiscation order does not itself confiscate any property but, instead, requires the offender to pay over a sum of money representing the value of the benefit received. It is therefore described as being an order in personam, as opposed to in rem (see Practice Note: Determining the recoverable amount (benefit and available amount) under POCA 2002—Making the...

View the related q&as about Trial on indictment

What guidance have the courts recently given on the sentences to be imposed on offenders found guilty of handling stolen goods?

What guidance have the courts recently given on the sentences to be imposed on offenders found guilty of handling stolen goods? Handling stolen goods This Q&A covers the offence of handling stolen goods and the offence under section 22 of the Theft Act 1968. It also considers the guidance published by the Sentencing Council on handling stolen goods and on reported case law from the Court of Appeal Criminal Division, as cases before the Magistrates’ and Crown Court are not formally reported. There is also additional consideration of offences which may be committed in connection with handling stolen goods, and how these may be treated for sentencing purposes. Following summary conviction, the maximum penalty is six months’ imprisonment or a fine or both. For trial on indictment, the maximum penalty is 14 years’ imprisonment. The sentencing guidelines derive from the Court of Appeal’s decision in R v Webbe with an increasing scale for sophisticated or professional offences. For further information on the offence, see Practice Note:...