2: Describe appeals and appellate courts in the criminal process

Question 1

What are appellate courts?

Answer 1

Courts that can hear appeals

Question 2

What are the 2 types of appeal from the magistrates’ court?

Answer 2

1-Defence can appeal to the Crown Court against the conviction and/or sentence.

2-Case stated appeal “on a point of law” can be made to the KBD court.

Question 3

What can the judge and 2 magistrates do when hearing an appeal in magistrates court (1)?

Answer 3

Conviction may be confirmed, reversed or varied to find D guilty of a lesser offence. Sentence may be confirmed or increased.

Question 4

What can the court decide when hearing an appeal in magistrates court (2)?

Answer 4

Defence apply- The court may confirm, vary or reverse decision or send case back to magistrates’ court for re-trial.

Prosecution apply- The court may confirm or quash the decision or send case back to magistrates’ court for re-trial.

Question 5

What are the 3 types of appeal from the Crown Court?

Answer 5

3- The defence may appeal to the Court of Appeal against the conviction and/or sentence.

4- The prosecution may ask the attorney general to review an unduly lenient sentence.

5- The prosecution may appeal to the KBD court against the acquittal.

Question 6

What grounds can D appeal on (3)?

Answer 6

That the conviction is unsafe, for example if D feels they were not given a fair trial.

Question 7

Is leave/permission required to appeal (3) (4) (5)?

Answer 7

3- Leave is required under the criminal appeal act 1995. Application must be made within 28 days of decision.

4- Leave is only given in serious cases. Application must be made within 28 days of decision.

5- Leave from either supreme court or the court of appeal.