6. Appeals Procedure Flashcards
Do the prosecution have a general right of appeal in Magistrates Court?
No
Within what time of conviction in Magistrates Court must the defendant lodge a written notice of appeal with either the Magistrates or Crown Court?
15 working days
Why does the defendant not have to set out the basis of appeal?
Because the court has no power to decline jurisdiction
Who hears an appeal from Magistrates Court, and what does the hearing consist of?
Crown Court judge, supported by at least two and no more than four magistrates.
It is a complete rehearing, meaning new evidence can be called.
Who may appeal from the Magistrates Court to the Divisional Court of the High Court by way of case stated?
Prosecution and defence
On what grounds can a decision be appealed by way of case stated?
Decision is wrong in law or exceeds the jurisdiction of the court
Within what time of decision in Magistrates Court must the application for a case stated appeal be made in writing?
21 days
In a case stated appeal, is there a rehearing of evidence?
No
If a defendant seeks leave to appeal a Crown Court decision to the Court of Appeal, within what time of the conviction must the application be made?
28 days, where a single CoA judge will decide whether to grant the appeal
What occurs if this single Court of Appeal judge refuses the appeal?
Defendant can renew the application to the full court
What is the single basis on which a defendant can appeal a Crown Court conviction?
It is unsafe
In what six situations could a claim be made that a Crown Court conviction is unsafe?
- Evidence wrongly admitted or excluded
- Direction wrongly given or omitted
- Trial judge conduct showed bias
- Wrongful exercise of discretion
- Errors in summing up
- Problems with the jury
Where the Court of Appeal agrees that a Crown Court conviction is unsafe, what are their four options?
- Quash the conviction, and order acquittal or retrial
- Find defendant guilty of some offences but not others
- Find the defendant guilty of alternate offences
- Dismiss the appeal
On what three bases can a defendant appeal a Crown Court sentence?
- Wrong in law
- Wrong in principle
- Manifestly excessive
Where sentence is appealed from Crown Court to Court of Appeal, can the Crown Court sentence be exceeded?
No