Appeals

Question 1

What areas of CrimPR do appeals come from

Answer 1

Part 34-43

Question 2

Where can a D convicted in magistrates court (and youth) appeal to?

Answer 2

Crow court, IF

They plead guilty, they man appeal against sentence

If plead not guilty, can appeal against conviction and or setnence

Question 3

Who is the appeal heard by if D appeals from magistrates court?

Answer 3

Recorder or circuit judge, who will sit on an even number of magistrates court

Question 4

Does the prosection have any rights of appeal to crown court?

Answer 4

NO! They do not have a ny rights to appeal to cow court against capital of D, or setnence.

They can, however, appeal to HIGH COURT, on a point of law, by way of case stated. As can defence

Question 5

Who can appeal to the high court?

Answer 5

Both prosection and defence, on a point of law, by way of case stated.

Question 6

Can the defendant appeal against conviction from magistrates?

Answer 6

Yes, D convicted may appeal agaisnt conviction to CROWN COURT< on basis that magistrates made an error of fact and or law.

Appeal against conviction crown court is a FULL REHEARING of the case.

New witnesses may be called

Question 7

Can the D appeal against setnence from magistrates?

Answer 7

Yes, may appeal to crown court against stenches, based on excessivness.

Should carry out full rehearing of issues and take independent view.

Question 8

What is the procedure for appeal against conviction adn or setnence from magistrates court?

Answer 8

Must file notice of appeal with BOTH magistrates court and CPS, not more than 15 business days from magistrates passsing setnecing

Clerk of magistrate will send notice of appeal to crown court, and crown court will arrange a date of hearing.

If D files OUTSIDe 15 days, crown court judge does have discretionary power to increase time limit.

Question 9

What are the powers of the crown court during appeal?

Answer 9

Court may confirm, reverse or vary the decision.

Has teh power to impose on D ANY setnence, as long as it is a sentence that the magistrates COULD have given.

Question 10

When do you make an appeal to high court by way of case stated?

Answer 10

Either CPD or D ca, to KBD, if:

Decision is wrong I n LAW, or,
Magistrates have acted outside jurisdiction

Arguments raised are:
- magistrates misread, misunderstood or misapplied the law
- magistrates decided the hear a caes when they did not have jurisdiction
- magistrates made errors in deciding admissibility or other evidnece
- magistrates erred in their decision following submission of no asse to answer

Question 11

What ist he procedure of high court appeal?

Answer 11

A party wishing to appeal by way of caes stated, but apply to magistrates court within 21 days of decision.

Must identify question of law which they seek the high courts view on.

Magistrates must then state a case for the opinion of teh high court.

Clerk will sent out thi statement of case to CPS and D, to enable them to suggest any amendments. Then ent to high court.

Question 12

What is the hearing of appeal it eh high court like?

Answer 12

Divisional court of KBD
3 judges
No evidence is given, and hearing will be confined to legal argument based on agreed facts in statement of case.

Power to reviser, vary or affirm decision made.

Also has power to remit case back to magistrates court, with direction to act or convict D.

Question 13

Can the D or CPS appeal from high court?

Answer 13

Yes, they can both appeal to Supreme Court in respect of Andy excision or order made by Hig court, bu way of case stated.

Any such appeal msut be on point of law only, and high court must CERTIFY it to be a point of law of general public importance.

Must grant LEAVE TO APPEAL.

Question 14

Can D apply for judicial review?

Answer 14

Not strictly an appeal, but is an alternative

If magistrates court has made an order they have no power eto make. - ultra vires

Magistrates court has breached rules of natural unstick .

Divisional court - either quash decision or compel them to act in a certain way

Question 15

D who is convicted n the crown court , what right of appeal do they have?

Answer 15

Right to appeal to the Criminal Division of the Court of Appeal,

Against conviction or sentence.

MUST grant leave to appeal from COA, or trial judge grants a certificate that the case is FIT for appeal.

Question 16

When will an appeal against conviction be allowed form crown court to COA?

Answer 16

If COA considers conviction to be UNSAFE, it must allow appeal.

This means a conviction may be upheld, even if there was an error or mistake.

Question 17

What are examples of common factors raised by defendants to argue their convictions are unsafe in COA?

Answer 17

Failure by trial judge to direct jury correctly
Trial judge wrongfully admitting or excluding evidence
Trial judge failing to administer the correct warnings
I’m appropriate interventions
Failure by trial judge when summing up
Fresh evidence comes to light

Question 18

What ist he procedure for making an appeal against conviction from the crown court to COA?

Answer 18

Only rarely will D ask trial judge to certify case is fit for appeal.

Usual method is to seek permission o appeal from COA direct

Within 28 days of CONVICITON, not setnence.

Hearing will take place before full COA, which will have a 3 judge panel. Court will hear oral arguments from parties and fresh evidence, if credible and admissible.

Question 19

What powers to the COA have to appeal against conviction?

Answer 19

Ahs conviction, acquit defendant
Quash conviction and order retrial
Allow part of appeal and dismiss parts
Find D guilty of an ALTERNATIVE offence
Dismiss appeal.

Question 20

What does s 7 of CAA enable court of appeal to do?

Answer 20

Order a retrial where the court allows an appeal against conviction, and where it appears that the court the interest of justice so requires.

Question 21

What is the procedure of appeal against setnence from crown court?

Answer 21

Appeal to COA against setnence, same as conviction.

Question 22

When will appeal against setnence will successful in COA?

Answer 22

If setnence passed is wrong in law
If setnence passed is wrong in principle
If judge adopted wrong approach when setencing
In case of co-defendants, if there is unjustified disparity
If manifestly excessive

Question 23

What powers do COA have with setnence appeal?

Answer 23

Confirm setnence or quash, or replace with alternative as it thinks appropriate.

CANNOT however, increase setnence imposed by te judge in the crown court.

Question 24

What are the 2 prosecution appeals in crown court?

Answer 24

Termination and evidential rulings

Question 25

What is termination and evidential rulings?

Answer 25

CPS has no right of appeal. However, do have right of appea to COA in respect of ruling made by trial judge either before or during trial which:

Terminated the trial, or
Significantly weakens the prosecutions case.

Question 26

What power does the attorney-general have on appeals on COA?

Answer 26

CPS has right of appeal to COA if attorney-general considers that crown corut has assed setnence which is UNDULY LENIENT.

Attorney general can refer case to COA, which then has the power to increase the setnence.

Question 27

What does s 75 of the CJA allow retrial following acquittal of defendant?

Answer 27

Murder and attempted,
Manslaughter
Kidnapping g
Sexual offences
Various offences to class A drugs
Arson engaginglife or prperty

Question 28

What is the 2 fold test for COA to quash an earlier conviction adn order retrial?

Answer 28

Evidential test

Interests of justice test

Question 29

What is the evidential test?

Answer 29

Requires there to be new and compelling evidence of the D guilt

Therefore was not adduced when D was acquitted, and must be reliable, substantial nad highly probable

Question 30

What is the interests of justice test?

Answer 30

Set out in s79, which provides that the COA should have regard to:

• existing circumstnaces make a fair trial unlikely
• whether it is likely that the new evidence would have been adduced in earlier proceedings
• whether police or prosecutor haev failed to act with due diligence or expedition.