Law Report: Practice direction on case summaries: Practice Direction: Criminal Appeal Office Summaries

Lord Taylor of Gosforth CJ, said on 1 October 1992 that:

1. For a number of years the Criminal Appeal Office had prepared summaries of cases coming before the Court of Appeal Criminal Division in order to assist the court in its work. Those summaries were objective and did not contain any form of advice as to how the court should deal with a case, or any views on the merits of a case. The facts as outlined in the summary were drawn from material already available to counsel.

2. The summaries as prepared at present were not suitable for disclosure in their entirety to all counsel in a case. That was because they included material which was specific to individual appellants and confidential as between that appellant and the court, which co- appellants or counsel for the Crown were not entitled to know. All summaries written after 1 October 1992 would be in a form which could be disclosed to all parties and, subject to any direction to the contrary in a particular case, would be provided to all counsel.

3. The summaries provided would, in general, consist of: (i) The Crown Court proceedings, including representation. (ii) Present proceedings. (iii) Facts of the case, drawn from transcripts, counsel's advice and/or witness statements. (iv) Submissions and rulings. (v) Directions to the jury. (vi) Details of the co-accused. (vii) The trial judge's sentencing remarks.

4. Counsel should note that factual material in the advice on appeal, if sent to the court, might be used. If counsel did not want that factual material included that should be made clear in the advice.

5. The Criminal Appeal Office would continue to provide the court with material which could not be disclosed to all parties, such as antecedents, reports, and the grounds of appeal, but that material was usually very abbreviated and was solely to draw the court's attention to the existence of the source material. The court always read all the source material and it was open to counsel to draw the court's attention to any matter which might be of particular relevance.

6. The summary was provided only so that counsel knew what material the court had. The contents of the summary were a matter for the professional judgment of the summary writer but counsel wishing to suggest significant alterations should write to the Registrar of Criminal Appeals. If the Registrar did not agree with the suggested changes the letter would be put before the court with the summary. The court would not generally be willing to hear oral argument on the content of summaries.

7. Counsel might show the summary to the professional or lay client (but to no one else) if he or she believed that it would assist in checking facts or formulating arguments but summaries were not to be copied and reproduced without the permission of the Criminal Appeal Office, and permission would not normally be given in cases involving children or sexual offences, or where the Crown Court had made an order restricting reporting.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA year of political gossip, levity and intrigue from the sharpest pen in Westminster
News
Lena Dunham posing for an official portrait at Sundance 2015
people
Arts and Entertainment
Under the skin: Sarah Kane in May 1998
theatreThe story behind a new season of Sarah Kane plays
Arts and Entertainment
Preening: Johnny Depp in 'Mortdecai'
filmMortdecai becomes actor's fifth consecutive box office bomb
Sport
Bradford City's reward for their memorable win over Chelsea is a trip to face either Sunderland or Fulham (Getty)
football
News
Lars Andersen took up archery in his mid thirties
video
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Warehouse Operations & Logistics Manager

£38000 - £42000 per annum: Recruitment Genius: One of the UK's best performing...

Recruitment Genius: GeoDatabase Specialist - Hazard Modelling

£35000 - £43000 per annum: Recruitment Genius: Our award-winning client is one...

Recruitment Genius: Compressed Air Pipework Installation Engineer

£15000 - £21000 per annum: Recruitment Genius: This leading provider of Atlas ...

Recruitment Genius: Operations Coordinator - Pallet Network

£18000 - £20000 per annum: Recruitment Genius: Opportunity to join established...

Day In a Page

Woman who was sent to three Nazi death camps describes how she escaped the gas chamber

Auschwitz liberation 70th anniversary

Woman sent to three Nazi death camps describes surviving gas chamber
DSK, Dodo the Pimp, and the Carlton Hotel

The inside track on France's trial of the year

Dominique Strauss-Kahn, Dodo the Pimp, and the Carlton Hotel:
As provocative now as they ever were

Sarah Kane season

Why her plays are as provocative now as when they were written
Murder of Japanese hostage has grim echoes of a killing in Iraq 11 years ago

Murder of Japanese hostage has grim echoes of another killing

Japanese mood was against what was seen as irresponsible trips to a vicious war zone
Syria crisis: Celebrities call on David Cameron to take more refugees as one young mother tells of torture by Assad regime

Celebrities call on David Cameron to take more Syrian refugees

One young mother tells of torture by Assad regime
The enemy within: People who hear voices in their heads are being encouraged to talk back – with promising results

The enemy within

People who hear voices in their heads are being encouraged to talk back
'In Auschwitz you got used to anything'

'In Auschwitz you got used to anything'

Survivors of the Nazi concentration camp remember its horror, 70 years on
Autumn/winter menswear 2015: The uniforms that make up modern life come to the fore

Autumn/winter menswear 2015

The uniforms that make up modern life come to the fore
'I'm gay, and plan to fight military homophobia'

'I'm gay, and plan to fight military homophobia'

Army general planning to come out
Iraq invasion 2003: The bloody warnings six wise men gave to Tony Blair as he prepared to launch poorly planned campaign

What the six wise men told Tony Blair

Months before the invasion of Iraq in 2003, experts sought to warn the PM about his plans. Here, four of them recall that day
25 years of The Independent on Sunday: The stories, the writers and the changes over the last quarter of a century

25 years of The Independent on Sunday

The stories, the writers and the changes over the last quarter of a century
Homeless Veterans appeal: 'Really caring is a dangerous emotion in this kind of work'

Homeless Veterans appeal

As head of The Soldiers' Charity, Martin Rutledge has to temper compassion with realism. He tells Chris Green how his Army career prepared him
Wu-Tang Clan and The Sexual Objects offer fans a chance to own the only copies of their latest albums

Smash hit go under the hammer

It's nice to pick up a new record once in a while, but the purchasers of two latest releases can go a step further - by buying the only copy
Geeks who rocked the world: Documentary looks back at origins of the computer-games industry

The geeks who rocked the world

A new documentary looks back at origins of the computer-games industry
Belle & Sebastian interview: Stuart Murdoch reveals how the band is taking a new direction

Belle & Sebastian is taking a new direction

Twenty years ago, Belle & Sebastian was a fey indie band from Glasgow. It still is – except today, as prime mover Stuart Murdoch admits, it has a global cult following, from Hollywood to South Korea