Appeals Flashcards
Who has the right to appeal from MC to CC?
The defence, they can appeal in any case.
The prosecution does not have a right of appeal to the CC.
What can D appeal to the CC from MC?
If D pled guilty - appeal against sentence;
If D pled not guilty - appeal against conviction and sentence
What is the nature of an appeal against conviction in the CC?
It is a full rehearing of the case.
What is the nature of an appeal against sentence in the CC?
It is a full rehearing of the issues in the case.
What is the time limit for D to appeal from MC to CC?
Must appeal within 15 business days of MC passing sentence.
What are the powers of the CC on appeal?
They may confirm, reverse or vary the decision.
It must be a decision that the MC had the power to impose, but the CC may still increase the sentence.
Who can apply to the HC by way of case stated, and what must be satisfied before they do so?
The CPS or Defendant can appeal from MC to HC if:
(a) the decision is wrong in law; or
(b) the magistrates have acted outside their jurisdiction.
When must a party submit their appeal by way of case stated?
Within 21 days of the relevant decision.
What is the nature of an appeal by way of case stated?
It is not a re-hearing, it is a hearing of legal argument based on the facts set out in the statement of case.
When will an appeal against conviction from the CC to the CA be allowed?
If the CA considers the conviction unsafe, it must allow the appeal.
Unsafe means e.g. if the mistake wasn’t made, there may have been a compelling argument for not guilty.
Who initially reviews an appeal to CA?
The appeal and whether or not it goes to full appeal is determined by a single judge;
if approved, the hearing will then take place before the full court of appeal (3 judge panel).
When will the CA hear fresh evidence on appeal?
If the evidence:
(i) is credible;
(ii) would have been admissible at the defendant’s trial; and
(ii) there is a reasonable explanation for the failure to adduce the evidence at D’s trial.
When must an appeal against conviction from the CC to the CA be made?
Within 28 days of the date of conviction.
When will the CA accept an appeal against sentence from the CC?
(a) sentence was wrong in law;
(b) sentence was wrong in principle;
(c) wrong approach was adopted in sentencing (e.g. no discount after guilty plea);
(d) (co-defendants) unjustified disparity in sentences;
(e) sentence is manifestly excessive (most common ground)
What are the CA powers in appeals against sentences?
CA may confirm or quash the sentence and replace it with one they deem appropriate.
However, CA cannot increase the sentence imposed in the CC.
