Appeals Flashcards
Can a D appeal from the MC to the CC?
If D plead guilty they can appeal against the sentence.
If D plead not guilty they can appeal against sentence and/or conviction.
What rights of appeal does the prosecution have from the MC?
Can appeal to the HC on a point of law by way of case stated.
D convicted in MC wishing to appeal to CC against conviction
On the basis that MC made errors of fact and/or law.
D convicted in MC wishing to appeal to CC against sentence
On the basis that the sentence imposed by the MC is excessive.
Procedure for appeal against conviction and/or sentence from MC to CC
D must file a notice of appeal within 15 business days from MC passing sentence.
D appeals to CC and is unhappy with their decision
D and CPS can appeal to HC by way of case stated, based on a point of law, or that the CC exceeded its jurisdiction.
When might the D or CPS appeal from the MC’s decision to the HC by way of case stated?
The decision was wrong in law, or MC acted outside their jurisdiction.
Procedure: appeal from MC to HC by way of case stated
Apply to MC within 21 days of their decision.
D and CPS’ right to appeal to the SC from a decision/order made by the HC?
By way of case stated, on a point of law only (certified to be of general public importance).
HC or SC must grant leave to appeal.
Appeal against conviction from CC to CoA - rights of appeal
Appeal allowed if CoA considers conviction to be unsafe.
Examples of “unsafe” convictions:
- Judge fails to direct jury correctly
- Judge wrongfully admits or excludes evidence
- Judge fails to administer correct warnings to jury
- Judge inappropriately intervenes
- Fresh evidence.
Appeal against conviction from CC to CoA - procedure
Must seek permission to appeal from CoA within 28 days of conviction.
Powers of CoA at an appeal against conviction
Quash conviction and acquit D
Quash conviction and order retrial
Allow part of the appeal and dismiss other parts
Find D guilty of alternative offence
Dismiss appeal
Appeal against sentence from CC to CoA - procedure
Must seek permission to appeal from CoA within 28 days of the sentence.
Appeal against sentence from CC to CoA - success
Sentence passed is wrong in law, or wrong in principle
Judge adopted wrong approach when sentencing
Unjustified disparity in sentencing of co-defendants
Sentence passed is manifestly excessive
Appeal against sentence from CC to CoA - powers of CoA
Can confirm or quash sentence but cannot increase the sentence.
CPS right to appeal to CoA
If AG considers CC to pass unduly lenient sentence.
Applications for retrial by CPS
Retrial is possible following the acquittal of a D in cases of:
Murder
Manslaughter
Kidnapping
Sexual offences
Class A drug offences
Arson endangering life or property
Applications for retrial by CPS - 2-fold test
Evidential test - new and compelling evidence of D’s guilt.
Interests of justice test - length of time since offence was committed, would new evidence have been adduced but for the failure of police/prosecution, whether police/prosecution failed to act with due diligence of expedition.
