Appeal Routes Flashcards
Starting from the Magistrate Court
The defence or prosecution can appeal from the magistrates to the Crown Court
-D has automatic right to appeal against conviction or sentence
-The defence can challenge the conviction or sentence
-the prosecution an challenge the decision on a point of law
Then it is reheard by a judge and 2 lay magistrates
Crown court can:
- Increase/Decrease sentence only according to the powers of the magistrates (6 months (this is a review appeal)
- Reverse, Vary the decision or confirm it
Or further appeal can be made to QBD (high court) either by the defence or prosecution ‘by the way stated’. This can be right after the magistrates trial or after crown courts trial
It is heard by a judge or a panel of judges: reverse, vary, retrial it or send it back to the Magistrates for reconsideration
The appeal to QBD can be made if it’s in regards on a point of law (error) by both defence and prosecution
Then last appeal can reach to the Supreme Court either by defence or prosecution as long as it’s a case of public importance, for example in the case of C v DPP where the age of responsibility for criminal offences were discussed
Starting from the crown court
the Defendant can appeal to if they want to challenge the verdict or the sentence, however they need Leave order (Permission).
the defence or prosecution have 28 days to appeal (Criminal Appeal Act 1995) and it will be heard in a CoA (Court of Appeal)
usually the prosecutors rights are more limited, they can appeal against a judges ruling (CJA 2003) they can appeal against acquittals with the permission of a general attorney to settle a point of law
they can appeal regarding these 3 points:
- jury nobbling this is where they believe the judge has been threatened/bribed
- they have found new convincing pieces of evidence (Stephen Lawrence case)
- or if they think the sentence has been too lenient under s36 CJA 1988
- or to question a point of law (error) under s36 CJA 1972
the case will then be heard by 3 or 5 judges, judges may vary, confirm or reverse a conviction. Retrial could also be ordered
- sentences may increase /decrease
further appeal can be made to the Supreme Court if the believe it concerns the general publics rights
