1A.2.5 Appeals process Flashcards
Appeals from the magistrates’ court
This appeal is only available for the defendant.
* If D pleads guilty, they can only appeal the sentence.
* If D pleads not guilty, they can appeal against both the sentence and conviction.
How are appeals from the magistrates’ court done in the Crown Court?
Case is re-heard by a judge and two magistrates.
They can confirm or reverse the decision.
Any increase in sentence length must be within the magistrates’ courts limit.
Any further appeals will go to the High Court.
What are “case stated appeals”?
These are appeals on points of law that go directly to the King’s Bench Division of the High Court.
They can be done by the prosecution or defence.
The appeal is heard by a panel of judges and will be approached as though the magistrates’ came to a wrong decision because they made a mistake about the law.
The High Court may either confirm, vary or reverse the decision, or senmd the case back to the magistrates.
C v DPP (1994)
Facts: Boy was convicted in the magistrates’ court, but appealed. Children (aged 10-14) could only be convicted if the prosecution proved the child knew they were doing something wrong.
Held: It was for Parliament to make major changes to the law, not the courts. Original conviction was confirmed.
Case for “Case-Stated Appeals”
Example: C v DPP (1994)
Are case stated appeals common?
No, there are fewer than 100 case-stated appeals per year.
Appeals to the Court of Appeal
Appeals can be made by the prosecution or defence.
D must get “leave to appeal” from the Court of Appeal to prove the case is fit for appeal.
The right to appeal is not automatically granted at this stage. This helps to filter out cases “without merit” and saves the court’s time.
Criminal Appeal Act 1995
Simplified the grounds for appeal.
States:
“Shall allow an appeal against conviction if they think that the conviction is unsafe; and shall dismiss such an appeal in any other case.”
Court of Appeal’s powers
The Court of Appeal can:
- allow a defendant’s appeal and quash a conviction
- vary the conviction a lesser offence
- decrease (but not increase) any sentence imposed
- dismiss the appeal
- order a retrial
Flowchart showing appeal routes
Appeals (by the prosecution) against acquittal
- If the jury had been nobbled.
- Where there is new and compelling evidence of the D’s guilt, and it is in the public interest for the D to be retried (Criminal Justice Act 2003). This is only available for the most serious cases like murder, rape, terrorism or manslaughter.
Double jeopardy is where the defendant is being tried twice for the same offence. This can happen where an acquittal has been quashed and a retrial has been ordered.
Case example for: Appeals (by the prosecution) against acquittal
Stephen Lawrence Case - In 2011, two Ds who had previously been acquitted of the murder of Stephen Lawrence, were retried and convicted 19 years after the murder, with new evidence (DNA match).
Appeals to the Supreme Court
The prosecution and defence may appeal from the Court of Appeal to the Supreme Court, but they need to have the case certified as involving a point of law of general public importance, and to get leave to appeal.
The appeal will consist of legal arguments only.
There are fewer than 20 criminal appeals usually heard by the Supreme Court in each year.
