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Appeals Flashcards

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1
Q

From the Magistrates court

Who makes an appeal?

A

Made by the defence only

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2
Q

From the Magistrates court
Under what circumstances can a defendant appeal?

A

Defendant has an automatic right of appeal against conviction or sentence, where the defendant originally pleaded not guilty.

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3
Q

From the Magistrates court
By the DEFENCE.

Who rehears the appeal?

A

Against conviction: Crown Court judge rehears case with two Magistrates.

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4
Q

Magistrates Court
By the DEFENCE.

What are the possible outcomes of an appeal?

A

A criminal appeals court can:
- come to the same decision
- reverse the decision

Against sentence: Crown Court judge can impose a harsher sentence, but only to the maximum sentence available to Magistrates.

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5
Q

From the Magistrates court
By the DEFENCE

In what time frame must an appeal be made?

A

Appeal must be made within 21 days of the conclusion of the case

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6
Q

Criminal appeal process.
To the King’s Bench Divisional Court

Who makes an appeal?

A

Can be made by the prosecution or defence
.

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7
Q

To the King’s Bench Divisional Court

Under what circumstances can a defendant appeal?

A

Can be made directly from the Magistrates Court or as an appeal from the Crown Court
The basis for the appeal is a claim that the Magistrates made an error of law or acted outside their jurisdiction.

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8
Q

To the King’s Bench Divisional Court.

Who rehears the appeal?

A

Appeal is heard by a panel of 2-3 High Court judges from the King’s Bench Division

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9
Q

Criminal appeal process.
To the King’s Bench Divisional Court.

What are the possible outcomes of an appeal?

A

The King’s Bench Divisional Court can:
- reverse or vary the decision
- make an alternative decision
- give the Magistrates their opinion on the area of law involved

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10
Q

Criminal appeal process.
To the King’s Bench Divisional Court

If an appeal is successful, what happens next?

A

If the appeal is successful, the case will be sent back to the Magistrates for reconsideration.

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11
Q

Criminal appeal process.
To the King’s Bench Divisional Court

Is there any further appeal available?

A

Criminal Appeal Act 1995
Prosecution – A further appeal can be made to the Supreme Court if:

  • there is a point of law of general public importance.
  • leave to appeal is granted by the Kings’s Bench Division or the Supreme Court.
    Defence
    against sentence or conviction –

Case Study: C v DPP (1994)

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12
Q

To the Court of Appeal (Criminal Division)
By the DEFENCE

On what grounds can an appeal be made?

A

Can be against conviction or sentence

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13
Q

To the Court of Appeal (Criminal Division)
By the DEFENCE

In what time frame must an appeal be made?

A

The defendant must state, verbally, or in writing, that they want to appeal within 14 days of the conclusion of the trial
The full appeal must be filed with the Court within 28 days of conviction

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14
Q

To the Court of Appeal (Criminal Division)
By the DEFENCE

On what grounds can an appeal be made?

A

Defendant must get leave to appeal from the trial judge or from the Court of Appeal
The Criminal Appeal Act 1995 states that the Court of Appeal:
Shall allow an appeal against conviction if they think that the conviction is unsafe (this now includes breach of Article 6).
And shall dismiss such an appeal in any other case.

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15
Q

To the Court of Appeal (Criminal Division)
By the DEFENCE
What are the possible outcomes of an appeal?

A

The Court of Appeal can:
- quash the conviction
- vary the conviction to a lesser charge
- decrease the sentence (not increase it)
- order a retrial in the Crown Court with a new jury.

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16
Q

To the Court of Appeal (Criminal Division)
By the PROSECUTION

Possible outcomes?

A

Attorney-General reference on a point of law.
s36 Criminal Justice Act 1972 allows the Attorney-General to refer a point of law to the Court of Appeal for consideration where the defendant has been acquitted. The original acquittal will still stand.

Attorney-General against lenient sentence
s36 Criminal Justice Act 1988 The Attorney-General can refer a case to the Court of Appeal where there has been an unduly lenient sentence .

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17
Q

Appeals from the Crown Court
To the Kings’s Bench Divisional Court
By the PROSECUTION

Possible outcomes?

A
  1. Appeal against acquittal
  2. Where the jury had been ‘nobbled’
    Criminal Procedure and Investigations Act 1996 allows a retrial to be ordered where the jury has been bribed or threatened by the defendant.
  3. There is a further provision under s44 Criminal Justice Act 2003 for a judge only trial where there is a risk of jury tampering or bribery.
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18
Q

Civil Courts

In what circumstance is the Civil Justice system used?

A

The Civil justice system is used to settle disputes between private individuals or organisations.

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19
Q

Civil Courts

Who is the claimant and defendant in a civil case?

A

The person brining the action is called the claimant and the person defending the action is known as the defendant.

20
Q

Civil Courts

How is a civil case proved?

A

The case has to be proved on the balance of probabilities (the standard of proof) and the burden to prove the case is on the claimant.

21
Q

Civil Courts

What is a claimant usually seeking as redress?

A

The claimant is normally seeking some form of remedy which could be the payment of compensation or an injunction.

22
Q

Civil Courts - Appeals

Can you name the civil courts and where their appeals would be heard?

A
  1. Appeal from County Court or High Court to Court of Appeal
  2. Appeal from Court of Appeal to Supreme Court
  3. Appeal from the High Court to the Supreme Court
  4. Appeal from the Small Claims Court to the County Court
23
Q

Civil Courts - Appeals
Appeal from County Court or High Court to Court of Appeal

Who can grant an appeal?

A

Appeal from County Court or High Court to Court of Appeal
These appeals require leave from the lower court or the Court of Appeal.

24
Q

Civil Courts - Appeals
Appeal from County Court or High Court to Court of Appeal

Under what circumstances will an appeal be granted?

A

Permission to appeal will only be given where:
The court considers that the appeal would have a real prospect of success
There is some other compelling reason why the appeal should be heard.

The Court of Appeal will allow an appeal where the decision of the lower court was:
wrong, or
unjust because of a serious procedural or other irregularity in the proceedings of the lower court.

The Court of Appeal will have the powers of the lower court in relation to an appeal.

25
Q

Civil Courts - Appeals
Appeal from Court of Appeal to Supreme Court

Who can grant an appeal?

A

Appeal from Court of Appeal to Supreme Court
This appeal is only allowed where the Court of Appeal or Supreme Court grants leave to appeal.

26
Q

Civil Courts - Appeals
Appeal from the High Court to the Supreme Court

Who can grant an appeal and what is requirements needed?

A

Appeal from the High Court to the Supreme Court
This is a ‘leapfrog’ appeal direct from the High Court, provided:
- All parties consent, and
- A point of law of general public importance is involved relating to the construction of legislation or on a point on which the trial judge was bound by precedent.
- A certificate of the trial judge and leave from the Supreme Court is required.

27
Q

Civil Courts - Appeals
Appeal from the Small Claims Court to the County Court

On what grounds can an appeal be made?

A

Appeal from the Small Claims Court to the County Court
This appeal can be made if there is a serious irregularity in the proceedings, or the District Judge at the Small Claims court made a mistake of law.

28
Q

Criminal V Civil terminology

What are the decisions made in criminal and civil cases?

A

The decision of the court in a criminal case is guilty or not guilty. In a civil court, it is liable or not liable

29
Q

Criminal V Ci vil terminology

What is the standard of proof required in criminal and civil cases?

A

Balance of Probabilities

No other standard of proof in civil claims. It is the balance of probabilities. In criminal proceedings, the standard of proof is beyond reasonable doubt. The balance of probabilities: is a lower standard of proof than the criminal standard.

30
Q

Criminal V Civil terminology

If there is a victim in a criminal case, what is there in a civil case?

A

Claimant

31
Q

Criminal V Civil terminology

If there is a defendant in a criminal case, what is there in a civil case?

A

Defendant

32
Q

Criminal V Civil terminology

Can civil courts impose punishments?

A

Civil judges do have the power to punish parties if, for example, they are in contempt of court but, generally, Civil cases do not involve the imposition of any punishment. If the judge decides that the claimant is entitled to damages, they will decide the amount

33
Q

Criminal V Civil terminology

What inferior courts fall below the court of appeal for Civil cases and criminal cases?

A

Civil: County Court (or, in certain cases, magistrates’ courts) High Court. Court of Appeal (civil division) Supreme Court

Criminal: All criminal cases will start in the Magistrates’ court, but more serious criminal matters are sent to the Crown Court. Appeals from the Crown Court will go to the Court of Appeal Criminal Division and potentially the UK Supreme Court.

34
Q

High Court Structure

Who is the Head of Division in the KIng’s Bench?

A

The President of the King’s Bench is the Head of the Division.

The current president is Dame Victoria Sharp DBE.

35
Q

High Court Structure

What types of cases are heard in the King’s Bench Division?

A

Claims for negligence.
Claims for defamation and misuse of private information.
Claims for wrongs against the person, for example assault and false imprisonment.
Claims for wrongs against property, such as trespass

36
Q

High Court Structure

Is a jury used in the King’s Bench Division?

A

The trial. Cases are usually heard by a High Court Judge in the Royal Courts of Justice or a Circuit Judge outside London. There may also be a jury if your case involves libel, defamation or slander.

37
Q

High Court Structure

Who is the Head of Division in the Chancery Division?

A

The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and King’s Bench) sit by virtue of their offices often, as and when their expertise is deemed relevant, in a panel in the Court of Appeal

38
Q

High Court Structure

What types of cases are heard in the Chancery Division?

A

The most common types of case we handle include:
- disputes relating to business, property or land.
disputes over trusts.
- competition claims under either European or UK competition law.
- commercial disputes (domestic and international)
- intellectual property issues.
- disputes over the validity of a will (‘probate disputes’)

39
Q

High Court Structure

Is a jury used in the Chancery Division?

A

While juries are generally not involved in Chancery court proceedings, there may be exceptional circumstances, such as cases involving fraud, where specific issues are tried by a jury.

40
Q

High Court Structure

Who is the Head of Division in the Family Division?

A

The President

The current President of the Family Division is Sir Andrew McFarlane

41
Q

High Court Structure

What types of cases are heard in the Family Division?

A

The Family Court and Family Division deal with all kinds of legal disputes to do with children and the breakdown of relationships. Most seriously, the Family Court will deal with cases where the government (local councils, in practice) intervenes in a family to protect children from harm.

42
Q

High Court Structure

Is a jury used in the Family Division?

A

There are no juries in family courts

43
Q

Exam Question (2022) 10 marks
Explain the process of appeal for a criminal case

A
44
Q

Exam Question (2022) 10 marks
Explain the routes of appeal available for a civil case.

A
45
Q

Exam Question (2021) 10 marks
Explain the routes of appeal available from the Crown Court?

A

Law (31 decks)

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