Appealing Decision of Crown Court Flashcards
What can be appealed from the Crown Court and where to?
Conviction or sentence, straight to Court of Appeal (Criminal Division)
What is the Crown Court’s power to rectify mistakes?
Limited to sentences and other orders only (whereas Mags extends to convictions!) e.g driving ban, compensation or community order.
Same Judge who made / passed it may vary or rescind sentence / order within 56 days of it being made.
Meant to remove need for appeal, so if appeal already made then can no longer be used. E.g Ds mitigation turns out to be false, D obtains work on nightshift and curfew on community order to be removed.
What are some of the common grounds for appealing conviction?
- Fresh evidence
- Wrongful admission of evidence
- Wrongful rejection of no case to answer
- Bias
- Conduct of lawyers
- Misdirection of fact or law in summing up
What are some common grounds for appeal of sentence?
- Wrong in principle
- Manifestly excessive
- Legitimate expectation
- Judge failed to take account of relevant matters
- Judge takes account of improper consideration
- Unjustified disparity between co-defendants or failure to distinguish between offenders.
How can permission to appeal be obtained?
1) From the Court of Appeal (Crim Div)
2) From certificate of trial judge
How will permission to appeal be given by Court of Appeal?
Permission to appeal, including bail, will be considered on papers alone by a single judge or by full COA where:
* unlawful sentence
* novel point of law
* expedition needed
Judge may grant o refuse application wholly or partly. If refused, appellant can renew application and serve new app for permission within 10 BDs of receipt of decision. This will then be heard orally by full court of 2 (sentence) or 3 (conviction) judges.
No representation.
How can permission to appeal be obtained from trial judge?
In exceptional cases, trial judge can certify case as fit for appeal. Usually only if they make an error or have been required to interpret new legislation. If certificate granted, no leave is required.
What is the procedure for permission to appeal?
Notice of appeal must be served within **28 days of conviction or sentence **on the Registrar of the COA Criminal Division.
Time limit can be extended by application when serving form and giving reason. Must be signed by D or Ds solicitors at Ds instruction.
When will the CoA decide to allow the appeal (i.e overturn decision of lower court)?
1) Conviction is unsafe
2) D should have been sentenced differently
Respondent will not be represented at sentence appeal but will be represented at conviction appeal.
What powers does the COA have?
1) Quash conviction
2) Retrial if in interests of justice
3) Substitute G verdict for alternative offence + sentence
4) Quash sentence or order and pass another appropriate one
5) Admit evidence not called at original proceedings if necessary or expedient in IOJ. BUT cannot adduce evidence to argue new basis for conviction
What is a loss of time order?
COA can direct that some / all time spent in custody between date of lodging appeal and date of decision does not count towards sentence if appeal is wholly without merit.
When can an appeal to the Supreme Court be made?
With permission from COA or SC by prosecution or defence involving point of law of general public importance.
Application for permission no more than 28 days after reasons given for decision.
