14-Appeals Flashcards
criminal appeal names are
appellant
respondant
where can magistrate appeals go to
crown court
high court for case stated/judicial review
why can a magistrate appeal go to crown court
sentence or conviction appeal, can get a retrial for conviction or sentence hearing
when do cases go to high court from magistrates
usually when magistrates have been wrong in implementing the law
where are the places appeals from the crown court can go
court of appeal
supreme court
criminal cases review comission
when do cases go to the supreme court
point of law public interest (criminal appeal act)
what do criminal cases review commission do
investigate trials with the power to order retrials
cases can go to the court of appeal after crown court because
d can appeal sentence or conviction
no case to answer appeal
ag intervene on lenient sentence or point of law
what must be granted to go to court of appeal
leave of appeal
how many judges can sit on an appeal of conviction
3 or 5
who sit on an appeal of sentence in coa
2 judges and 1 justice of appeal
criminal appeal act section 2 1 a discusses what
unsafe convictions
what does a unsafe conviction mean
when there is wrong legal advice
wrong evidence
failure to consider no case to answer
what happens if there is an unsafe conviction
quash conviction
order retrial
allow appeal in court
guilty of alternative offence
when can an appeal against a sentence be wrong
wrong in law/principle
excessive
disproportionate of co-defendants
error in approach
