Podcast thumbnail for Defence Barrister

Defence Barrister

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by Chris Kessling

5.0(45 reviews)
27 episodes
Updated Weekly
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Podcast Overview

How does the criminal justice system really work? From the police station, to trial, sentence and all the way to appeals, criminal barrister Chris Kessling takes you through the world of the criminal courts in England & Wales. Using real case examples, this podcast will enable you to navigate the criminal courts yourself and fully understand how they operate in practice. If you are accused of a crime, are a victim of crime, or are going to court as a witness - if you want to know the details of what to expect at trial, sentencing or the appeals process - this weekly podcast will bring the whole court system to life. Backed up by the hugely popular Defence-Barrister.co.uk website, the criminal justice system will never have been made so clear.

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Publishing Since

1/4/2024

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Recent Episodes

Episode thumbnail for Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

November 6, 2024

Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

<p>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. </p> <p>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. </p> <p>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.</p> <p>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.</p> <p>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.</p> <p>NOTES</p> <p>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. <a href="https://www.defence-barrister.co.uk/subscribe" rel="ugc noopener noreferrer" target="_blank">https://www.defence-barrister.co.uk/subscribe</a> </p> <p>PLEASE NOTE:</p> <p>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:</p> <p>Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.</p> <p>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.</p> <p>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.</p> <p>Thank you for your understanding.</p> <p>CONTACT</p> <p>Email: podcast@defence-barrister.co.uk</p> <p>X <a href="https://twitter.com/defencebar" rel="ugc noopener noreferrer" target="_blank">https://twitter.com/defencebar</a></p> <p>Instagram <a href="https://www.instagram.com/defencebar/" rel="ugc noopener noreferrer" target="_blank">https://www.instagram.com/defencebar/</a></p> <p>COPYRIGHT</p> <p>Music and content created and recorded by Chris Kessling © 2024. All rights reserved.</p> <p>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<a href="https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/" rel="ugc noopener noreferrer" target="_blank"> open goverment licence</a>.</p>

Episode thumbnail for Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

October 30, 2024

Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

<p><strong>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.</strong></p> <p>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.</p> <p>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. </p> <p>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.</p> <p>Thanks for listening.</p> <p>NOTES</p> <p>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. <a href="https://www.defence-barrister.co.uk/subscribe" rel="ugc noopener noreferrer" target="_blank">https://www.defence-barrister.co.uk/subscribe</a> </p> <p>PLEASE NOTE:</p> <p>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:</p> <p>Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.</p> <p>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.</p> <p>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.</p> <p>Thank you for your understanding.</p> <p>CONTACT</p> <p>Email: podcast@defence-barrister.co.uk</p> <p>X <a href="https://twitter.com/defencebar" rel="ugc noopener noreferrer" target="_blank">https://twitter.com/defencebar</a></p> <p>Instagram <a href="https://www.instagram.com/defencebar/" rel="ugc noopener noreferrer" target="_blank">https://www.instagram.com/defencebar/</a></p> <p>COPYRIGHT</p> <p>Music and content created and recorded by Chris Kessling © 2024. All rights reserved.</p> <p>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<a href="https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/" rel="ugc noopener noreferrer" target="_blank"> open goverment licence</a>.</p>

Episode thumbnail for Series 2 Episode 9 - Appeals after Pleading Guilty

October 22, 2024

Series 2 Episode 9 - Appeals after Pleading Guilty

<p>Withdrawing a guilty plea and appeals following a plea of guilty.</p> <p>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.</p> <p>I hope you enjoy this episode and thank you for listening.</p> <p>NOTES</p> <p>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. <a href="https://www.defence-barrister.co.uk/subscribe" rel="ugc noopener noreferrer" target="_blank">https://www.defence-barrister.co.uk/subscribe</a> </p> <p>PLEASE NOTE:</p> <p>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:</p> <p>Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.</p> <p>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.</p> <p>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.</p> <p>Thank you for your understanding.</p> <p>CONTACT</p> <p>Email: podcast@defence-barrister.co.uk</p> <p>X <a href="https://twitter.com/defencebar" rel="ugc noopener noreferrer" target="_blank">https://twitter.com/defencebar</a></p> <p>Instagram <a href="https://www.instagram.com/defencebar/" rel="ugc noopener noreferrer" target="_blank">https://www.instagram.com/defencebar/</a></p> <p>COPYRIGHT</p> <p>Music and content created and recorded by Chris Kessling © 2024. All rights reserved.</p> <p>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<a href="https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/" rel="ugc noopener noreferrer" target="_blank"> open goverment licence</a>.</p>

27 total episodes available

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Frequently asked questions

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What is Defence Barrister?

How does the criminal justice system really work? From the police station, to trial, sentence and all the way to appeals, criminal barrister Chris Kessling takes you through the world of the criminal courts in England & Wales. Using real case examples, this podcast will enable you to navigate the criminal courts yourself and fully understand how they operate in practice. If you are accused of a crime, are a victim of crime, or are going to court as a witness - if you want to know the details of what to expect at trial, sentencing or the appeals process - this weekly podcast will bring the whole court system to life. Backed up by the hugely popular Defence-Barrister.co.uk website, the criminal justice system will never have been made so clear.

How often does this podcast release new episodes?

This podcast updates weekly.

Where can I listen to this podcast?

This podcast is available on 7 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.

Does this podcast accept guests?

Information about guest appearances is not available.

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