6. Appeals Procedure Flashcards

1
Q

Do the prosecution have a general right of appeal in Magistrates Court?

A

No

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2
Q

Within what time of conviction in Magistrates Court must the defendant lodge a written notice of appeal with either the Magistrates or Crown Court?

A

15 working days

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3
Q

Why does the defendant not have to set out the basis of appeal?

A

Because the court has no power to decline jurisdiction

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4
Q

Who hears an appeal from Magistrates Court, and what does the hearing consist of?

A

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.

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5
Q

Who may appeal from the Magistrates Court to the Divisional Court of the High Court by way of case stated?

A

Prosecution and defence

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6
Q

On what grounds can a decision be appealed by way of case stated?

A

Decision is wrong in law or exceeds the jurisdiction of the court

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7
Q

Within what time of decision in Magistrates Court must the application for a case stated appeal be made in writing?

A

21 days

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8
Q

In a case stated appeal, is there a rehearing of evidence?

A

No

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9
Q

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?

A

28 days, where a single CoA judge will decide whether to grant the appeal

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10
Q

What occurs if this single Court of Appeal judge refuses the appeal?

A

Defendant can renew the application to the full court

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11
Q

What is the single basis on which a defendant can appeal a Crown Court conviction?

A

It is unsafe

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12
Q

In what six situations could a claim be made that a Crown Court conviction is unsafe?

A
  1. Evidence wrongly admitted or excluded
  2. Direction wrongly given or omitted
  3. Trial judge conduct showed bias
  4. Wrongful exercise of discretion
  5. Errors in summing up
  6. Problems with the jury
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13
Q

Where the Court of Appeal agrees that a Crown Court conviction is unsafe, what are their four options?

A
  1. Quash the conviction, and order acquittal or retrial
  2. Find defendant guilty of some offences but not others
  3. Find the defendant guilty of alternate offences
  4. Dismiss the appeal
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14
Q

On what three bases can a defendant appeal a Crown Court sentence?

A
  1. Wrong in law
  2. Wrong in principle
  3. Manifestly excessive
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15
Q

Where sentence is appealed from Crown Court to Court of Appeal, can the Crown Court sentence be exceeded?

A

No

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16
Q

When is any new sentence imposed by the Court of Appeal deemed to run from?

A

The original sentencing date, which means time in custody pending appeal will be taken into account

17
Q

Can a prosecution appeal a decision by a Crown Court jury to acquit a defendant?

A

No

18
Q

What aspects of a Crown Court trial can the prosecution appeal?

A

Rulings made by the judge during the course of the trial

19
Q

In what situation can the Attorney General refer a case to the Court of Appeal?

A

They feel sentence was unduly lenient and Court of Appeal itself grants permission

20
Q

What are the two criteria for the decision of the Court of Appeal to be appealed to the Supreme Court by either the prosecution or defence?

A
  1. Court of Appeal or Supreme Court grant leave to appeal, and
  2. Court of Appeal certifies that a point of law of general public importance is involved