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.
