Appeal CC decisions Flashcards
What is the Slip Rule?
A power to rectify mistakes at sentence, applicable to sentences and certain orders.
It is more limited and can be used for driving bans or compensation orders.
How long does a judge have to vary or rescind an order under the Slip Rule?
56 days from when the order is made.
Can the Slip Rule be used following a sentence on an appeal from the Magistrates’ Court?
Yes, without needing the Magistrates to attend the slip rule hearing.
What happens if an appeal has been decided by the Court of Appeal regarding the Slip Rule?
It cannot be amended.
What types of amendments can be made under the Slip Rule?
Amending the type of sentence or requirements of a community-based sentence.
This includes not just amending the length of the sentence or correcting minor technical errors.
What types of cases does the Court of Appeal hear?
Appeals against conviction on indictment and against sentence passed on committal for sentence.
What is required to appeal to the Court of Appeal?
Leave is required and must convince the Crown Court judge that the appeal is arguable on its merits.
What can a party do if their application for appeal is refused?
They may renew the application orally.
If an oral hearing is required to convince the judge of the merits of the appeal, who hears this?
2 judge court for sentence appeals and 3 judge court for conviction appeals.
What is the time limit for serving a Notice of Appeal (Form NG)?
28 days from conviction or sentence.
Can the time limit for serving a Notice of Appeal be extended?
Yes, on application with reasons.
What should counsel do immediately following a sentence or conviction?
Advise promptly.
What should counsel draft regarding an appeal?
An Advice setting out the merits of an appeal and proposed grounds.
This includes identifying any necessary transcripts and providing a list of authorities.
What should counsel ensure regarding the grounds for appeal?
Only draft grounds that are reasonable - unmeritorious appeals risk a loss of time order
What should happen once advice and grounds have been received by the solicitor?
They should be sent to the defendant for approval.
Who can sign Form NG on behalf of the defendant?
The solicitor.
What does sending Form NG to the Registrar enable?
It enables the Registrar to confirm what happened at the lower court.
What is the Certificate of Trial Judge?
This is given by the trial judge if they consider they may have made an error - no leave is required if a certificate is given.
What should counsel provide regarding transcripts?
Counsel should provide the date and time the judge made rulings. Summing up and proceedings up to and including the verdict are usually obtained as a matter of course.
What happens after transcripts are received?
Counsel will be invited to ‘perfect’ grounds within 14 days. If counsel does not wish to perfect, they should notify the registrar.
What should counsel do if they decide the case is no longer arguable?
They should inform the registrar.
What is a Respondent’s Notice?
The registrar may direct the prosecution to serve a response to assist the single judge, especially in cases of public interest immunity, criticism of the trial judge or complex fraud cases
How is the application for leave to appeal considered?
Usually, it is considered on papers alone by a single judge who may grant, refuse, or refer it to the full Court of Appeal without granting leave.
What is the process for renewal of the application for leave to appeal if initially refused by the single judge?
The appellant can renew the application within 10 business days of receiving notification of the single judge’s decision. This can be extended.
How is a renewed application for leave to appeal heard?
It will be heard orally by the full court of 2 or 3 judges.
What must counsel do if they intend to appear pro bono?
They must notify the court in writing as soon as possible.
What form indicates the single judge’s decision?
Notification of the single judge’s decision is on Form SJ, which may indicate that the application was found to be wholly without merit.
What is a referral to the Full Court?
A referral to the Full Court occurs when a registrar can alternatively refer a case to the full court instead.
When can a case be referred to the Full Court?
A case can be referred to the Full Court in the following situations:
1. Where there is an unlawful sentence that must be amended.
2. Where there is a novel point of law.
3. Where there is a need for expedition.
