2) Criminal Appeals Flashcards
Appeals from the Magistrates court to Crown rules
- Defendant has automatic right to appeal against sentence or conviction, where originally pleaded not guilty
Who will rehear the case in a crown court
1 Crown court judge and 2 mags
What can the crown court do on appeal from mags, against conviction
- come to the same decision, or
- reverse the decision
What can the crown court do on appeal from mags, against sentence
- Impose harsher sentence (within mags jurisdiction)
How long do you have to make an appeal from the mags court to the crown from the end of the case
21 days
Who can appeal from the mags to the crown
- Only the defence
Appeals from the magistrates to the Kings bench divisional court rules
- Appeal given where the, mags made an error of law, or acted outside jurisdiction
Who hears cases in the KBD
Panel of 2-3 High court judges from the KBD
Who can appeal from the mags court to the KBD
- Prosecution or defence
What can the KBD do on appeal from the mags
- Reverse or vary decisions
- Make an alternative decision
- Provide mags with their opinion on law
> if appeal successful it will be sent back the the mags court for reconsideration
Where can a further appeal be made from mags to the Supreme Court
- A point of law of general public importance
- where leave has been granted by SC or KBD
Case example of a appeal from mags to Supreme Court
C v DPP
Who can appeal from the crown court to the CoA
Prosecution or Defence
Appeals from the crown court to CoA rules
- Against conviction or sentence
- Defendant must state verbally, or in writing that they wish to appeal within 14 days of conclusion of the trial
- full appeal must be filled within 28days
- D must get leave to appeal from the court of appeal
What does the Criminal appeal act 1995 state on appeals
- CoA should allow appeal against a conviction they believe to be unsafe (including breach of Art 6)
- shall dismiss such appeal in any other case
What can the CoA do with a conviction, where the defence is appealing
- quash
- vary to lesser charge
- decrease sentence (not increase)
- order retrial in crown with new jury
Appeals from crown court to CoA by prosecution, AG references
s.36 Criminal Justice Act 1972, allows for AG to refer on point of law to CoA for consideration - where d has been acquitted
s.36 Criminal Justice Act 1988, AG can refer case to CoA where unduly lenient sentence (in this case they can increase sentence (vary), confirm)
Appeal from the Crown court to the KBD, by prosecution rules
- Often where there is an appeal against acquittal where jury have been nobbled
- Criminal Procedures and Investigations act 1996 allows retrial, where jury has been bribed or threatened by d
What section if what act allows for retrial without a jury
s.44 Criminal justice act 2003
(Heathrow robbery trial - risk of jury tampering)
What are the routes of appeal from the mags court for both Prosecution and defence
MAGS - CROWN (defence only)
MAGS - KBD
MAGS - SC
