Appeals

Question 1

criminal appeals - order of courts when appealing from magistrates:

Answer 1

magistrates
crown
court of appeal
supreme
European court of human rights

Question 2

criminal appeals - what happens at the crown?

Answer 2

defendant appeals against the conviction and/or sentence
outcome = confirm/vary sentence or conviction

Question 3

criminal appeals - what happens at the court of appeal?

Answer 3

appeal heard by 2/3 judges, no witnesses.
argued by what the law is.
outcome = confirm, vary or reverse decision, or send case back to mags

Question 4

criminal appeals - what happens at the supreme court?

Answer 4

available to prosecution and defence, only on a point of law of general public importance.
appeal can only be made against conviction or acquittal

Question 5

criminal appeals - what happens at european court of human rights?

Answer 5

available to prosecution and defence only on a point of law of general public importance, specifically a human rights issue

Question 6

criminal appeals - what happens in the court of appeal in an appeal from the crown court?

Answer 6

the defendant appeals against the conviction or sentence.
will either allow appeal, vary conviction, quash conviction, decrease sentence, dismiss an appeal or order a retrial.

Question 7

civil appeals - what circumstances can a party appeal in?

Answer 7

a point of law, facts, damages, leave

Question 8

civil appeals - appeals from the county court:

Answer 8

for fast track cases heard by a district judge, the appeal goes to a circuit judge
for fast track cases heard by a circuit judge, the appeal goes to a high court judge in the high court
for multi track cases, the appeal goes directly to the court of appeal (civil division)

Question 9

civil appeals - appeals from the high court:

Answer 9

go to court of appeal (civil division)
in exceptional cases they will go straight to the supreme court