1. Appeals from Crown Court Flashcards
What are the two criminal appeal routes to talk about
Magistrates Court and Crown Court
What are the 4 stages of a criminal appeal from Magistrates Court?
-Appeals from Magistrates Court
-Conviction and Sentence appeals
-Case Stated Appeals
-Appeals to the supreme court
What would you write for “appeals from Magistrates Court” for an appeal from Magistrates Court?
-These are used when a case has been heard and a defendant was convicted in Magistrates Court
What would you write for “Conviction and sentence appeals” for an appeal from Magistrates Court
-Appeals against conviction and sentence go to Crown Court
-Conviction = if the D was found guilty
-Sentence = If the D plead guilty or was later found guilty
-Crown Court can confirm, vary or reverse decision
-D can still appeal to Court of Appeal Criminal Division
What would you write for “Case Stated Appeals” for an appeal from Magistrates Court
The prosecution and defence can appeal upon a point of law, this is where the Magistrate has made a
mistake about one aspect of the law
* These cases will go to the QBD of the High Court
* They can confirm, vary or reverse the decision or send back to Magistrates so that they can apply the law correctly
What would you write for “Appeals to the Supreme Court” for an appeal from Magistrates Court
The final point of appeal is to the Supreme Court
* Leave to appeal is needed
* The case must contain a point of general public importance
* But appeals to this court are rare
What are the 5 parts of criminal appeals from crown court?
-Appeals from Crown Court
-Defence Appeals
-Prosecution Appeals
-Appeals to the Supreme Court
-The CCRC
What would you write for “Appeals from Crown Court” for an appeal from Crown Court?
This is used when a case has been heard and a defendant has been convicted in the Crown Court
What would you write for “Defence Appeals” for an appeal from Crown Court?
- Appeals against conviction and sentence will go to the Criminal Division of the Court of Appeal
- Leave to appeal is needed—from judge or Court of Appeal
- Conviction = if the D was found guilty
- Sentence = if the D plead Guilty or was later found Guilty
- The Court of Appeal can confirm, vary or reverse the decision
What would you write for “Prosecution appeals” for an appeal from Crown Court?
- Appeal against a judges ruling = the judge has made an error about the law
- Appeal against acquittal = this can be due to jury nobbling or new evidence has come to light,
the conviction can be quashed and a retrial ordered - Appeal against a lenient sentence = they argue that the sentence is too lenient, the Court of
Appeal can increase this sentence if they wish
What would you write for “Appeals to the Supreme Court” for an appeal from Crown Court?
The final point of appeal is to the Supreme Court
* Leave to appeal is needed
* The case must contain a point of general public importance
* But appeals to this court are rare
What would you write for “The CCRC” for an appeal from Crown Court?
If there has been a miscarriage of justice the CCRC can refer an appeal to the Court of Appeal.
