appeals Flashcards
What is Point of Law?
Application of law to the facts of the case
What is Leave to Appeal?
Permission to appeal
What is meant by Case Stated?
Previous court set out their findings of fact and their decision - no witnesses are called
Who can appeal from the Magistrates to the Crown?
Defence ONLY
Do appeals from the Magistrates to the Crown require leave to appeal?
No - they have an automatic right to appeal
If the defendant pleads guilty, what can they appeal against?
Their sentence
If the defendant pleads not guilty, what can they appeal against?
Conviction and sentence
In appeals to the Crown, who hears the case again?
2 magistrates and a qualified judge
What can happen to the conviction/sentence in appeals to the Crown?
Confirm, reverse or vary
In appeals to the Crown, can the sentence be increased beyond the maximum of the Magistrates?
no
Which side can appeal to the Administrative Court QBD and the Supreme Court?
both sides
Appeals to the Administrative Court QBD are available against what?
Conviction (defendant) or acquittal (prosecution)
What can the Administrative Court QBD do?
Confirm, reverse or vary the conviction/acquittal
Appeals to the Administrative Court QBD are..
Case stated and on point of law
Who hears appeals to the Administrative Court QBD?
2 High Court judges - or the case is sent back to the Magistrates Court
Which side can appeal to the Supreme Court?
Both sides
Appeals to the Supreme Court are..
On point of law of general public importance
Do appeals to the Supreme Court require leave to appeal?
Yes - from either the Supreme Court or the Administrative Court QBD
Is leave to appeal required for appeals to the Court of Appeal?
Yes - or a certificate that the case is fit for appeal from the trial judge
Under the Criminal Appeal Act 1995, when will leave to appeal only be granted?
If the conviction is deemed as ‘unsafe’
Can the Court of Appeal increase the sentence if the defence appeals?
no
Will new evidence be considered at the Court of Appeal?
Yes - but whether or not it would have been admissible and why it wasn’t produced then will also be considered
What else does the Court of Appeal have the power to order?
A retrial with a new jury–
How many retrials are ordered each year?
50 - 70
Under the Criminal Justice Act 2003, what does the prosecution have the right to do?
Appeal where the trial judge’s ruling on a point of law has effectively stopped the case - this is to make sure that an error of law by the judge does not lead to an acquittal
What are the 2 situations in which the prosecution can appeal against acquittal?
- Where the acquittal was a result of jury nobbling (there has been convictions of this under the Criminal Procedure and Investigation Act 1996)
- Under the Criminal Justice Act 2003, 30 serious offences can be retried if there is new and compelling evidence and it is in the public interest (double jeopardy rule)
Under s.36 of the Criminal Justice Act 1972, what can the Attorney General do?
Refer to a point of law if there are concerns about the defendant’s acquittal
Under s.36 of the Criminal Justice Act 1988, what can the Attorney General do?
Apply for leave if he thinks the sentence was too lenient
