Appeal from CC - other Flashcards
AG references, CCRC, P appeal against terminatory rulings, preparatory hearings, UKSC
What is the time limit for references by the AG for unduly lenient sentences?
28 days
When can P appeal by an AG reference for unduly lenient service?
when it is an offence trialbe on indictment only or some either-way offences specified by Home Sec.
What will the Court of Appeal consider for references by the AG regarding unduly lenient sentences?
The facts before the sentencing judge
What sentence can the AG pass if there has been an appeal for unduly lenient sentence?
The sentence can be increased, but discount will be given for double jeopardy
Does an AG reference for opinions on points of law affect the acquittal?
No, acquittal stands regardless of the decision
What power does the Criminal Cases Review Commission have?
Refer any conviction, indictment, or sentence to the Court of Appeal
Under what conditions can the Criminal Cases Review Commission refer a sentence to the Court of Appeal?
If there is a real prossibility of quashing, or in respect of an argument or information was not available in the court of first instance or appeal
What are the three requirements for prosecution appeals against terminatory rulings?
- Ruling must be made before summing up
- Acquittal agreement must be given by prosecution (P promises that, if leave to appeal is refused/abandoned, the D will be acquitted)
- Ruling must not be appealable by other means
What are the two ways that the Prosecutor can apply for appeal against terminatory rulings?
- Orally immediately after the decision is made
- On paper
What is the first step for prosecution counsel who wishes to appeal a terminatory ruling on paper?
Notify the judge immediately before confirming with written notice of appeal
What is the deadline for the prosecution to serve written notice of appeal in non-expedited cases?
5 business days
What is the deadline for counsel to serve written notice of appeal on court in expediated cases?
The next business day
What happens if P applies orally to trial judge for leave to appeal?
Judge hears representations from defence on the same day (unless it is in the interests of justice to allow them more time)
What can a prosecutor do if their oral application to the trial judge for leave to appeal fails?
Lodge notice of appeal and proceed to the Court of Appeal. If this also fails, they can then apply on paper.
Who can appeal rulings made at preparatory hearings in serious fraud cases?
Both prosecution and defence
They have the power to appeal to the Court of Appeal.
Who can appeal a decision of the Court of Appeal to the Supreme Court?
Either the prosecution or defence can appeal a decision of the Court of Appeal to the Supreme Court, but this is not an appeal as of right.
What must the Court of Appeal or the Supreme Court certify for an appeal to the Supreme Court?
The Court of Appeal or the Supreme Court must certify that the case involved a point of law of general public importance.
What is the time limit for applying to the Court of Appeal for leave to appeal to the Supreme Court?
An application must be made no more than 28 days after the court gives reasons for its decision (and no more than 14 days after the court gives reasons in an AG Reference case).
