Appeals Flashcards
What powers does the Court of Appeal have on appeal against conviction/sentence?
Powers of the CA against conviction:
-to dismiss the appeal
-to allow the appeal and quash the conviction - acquittal of D
-to allow the appeal, quash the conviction and order a re-trial
Powers of the CA against sentence:
-confirm the sentence and dismiss the appeal
-quash the sentence which is the subject of the appeal
-impose any sentence available by the Crown Court BUT the CA can’t exceed the sentence imposed by the Crown Court on an appeal against sentence by D
On an appeal from the MC to the CC, could the sentencing outcome be worse for the defendant?
Yes. The Crown Court could increase the sentence imposed (to the max. sentence available to the magistrates), but it is restricted to the Magistrates’ Court sentencing powers.
Sentence can be both increased/reduced.
Does a defendant need permission to appeal to the Supreme Court?
Yes - permission can be granted by either the Court of Appeal or the Supreme Court.
The Court of Appeal must also certify that a point of law of public importance is involved.
