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Criminal Litigation > Appeals > Flashcards

Appeals Flashcards

1
Q

What is the overriding objective in case management?

A

Each party must actively assist the court in furthering the overriding objective.

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2
Q

What must communication between the prosecutor and defendant include?

A

Communication must occur at the first available opportunity and continue until the conclusion of the case.

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3
Q

What are the initial details required in a summary only offence?

A

The initial details must include a summary of the circumstances of the offence and the defendant’s criminal record.

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4
Q

What happens if the defendant pleads guilty?

A

The court will proceed to sentence, which is often passed immediately but can be adjourned for further information.

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5
Q

What is the maximum sentence for summary only offences?

A

The maximum sentence that a magistrates’ court can impose is a total of 6 months imprisonment.

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6
Q

What occurs if the defendant pleads not guilty?

A

The court will set a trial date and manage the case to ensure an effective trial.

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7
Q

What is included in the Preparation for Effective Trial form (PET)?

A

The PET form includes contact details, witness information, estimated trial length, and trial issues.

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8
Q

What are pre-trial hearings used for?

A

Pre-trial hearings can cover matters such as admissibility of evidence and fitness to plead.

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9
Q

What is the process for pleading guilty by post?

A

Defendants can plead guilty in writing without attending court for minor non-imprisonable offences.

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10
Q

What is a summary trial?

A

A summary trial involves summary only offences or either-way offences tried in the magistrates’ court.

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11
Q

Who presides over a summary trial?

A

Summary trials are presided over by a bench of at least two lay magistrates or a single District Judge.

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12
Q

What is the role of the authorised court officer?

A

The authorised court officer assists justices of the peace with relevant law and procedure during the trial.

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13
Q

What steps are involved in a magistrates’ court trial procedure?

A

The procedure includes legal arguments, prosecution opening, evidence presentation, and closing speeches.

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14
Q

What is the duty of magistrates when convicting a defendant?

A

Magistrates must give sufficient reasons to explain their decision when convicting a defendant.

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15
Q

What is the slip rule in magistrates’ court?

A

The slip rule allows magistrates to rectify mistakes in their decisions if it is in the interests of justice.

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16
Q

What are the three means of challenging magistrates’ court decisions?

A

The means are appeal to the Crown Court, appeal by way of re-hearing, and further applications.

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17
Q

What is the purpose of reducing a sentence?

A

To address situations where a financial penalty imposed is higher than the statutory maximum for the offence.

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18
Q

Under what circumstances can a sentence be increased under s. 142?

A

If the court was misled by the defendant.

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19
Q

What are the three means of challenging magistrates court decisions?

A
  1. Appeal to the Crown Court, by way of re-hearing; 2. Appeal to the High Court, by way of case stated; 3. Application to the High Court for judicial review of the decision.
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20
Q

What should a defendant do if they believe the magistrates made an error of fact?

A

Appeal to the Crown Court.

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21
Q

What should a defendant do if they believe the magistrates made an error of law?

A

Appeal by way of case stated.

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22
Q

What should a defendant do if they allege unfairness or bias?

A

Apply for judicial review of the decision.

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23
Q

What does Section 108 of the Magistrates’ Court Act 1980 provide?

A

A right of appeal from the magistrates’ court to the Crown Court.

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24
Q

What are the conditions for a defendant to appeal to the Crown Court?

A
  1. If the defendant pleaded guilty, against sentence; 2. If the defendant pleaded not guilty and was found guilty after a trial, against the conviction or sentence.
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25
Q

Can the prosecution appeal to the Crown Court?

A

No, the prosecution’s options are limited to case stated or judicial review.

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26
Q

What happens to the sentence when a conviction appeal is upheld?

A

The Crown Court can pass any sentence that the magistrates’ court could have passed, including a more severe one.

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27
Q

What is the time limit for lodging a notice of appeal?

A

Within 15 business days of the sentence.

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28
Q

What must the notice of appeal specify?

A
  1. The conviction, sentence, order or decision which the appellant wishes to appeal; 2. Summarise the issues; 3. State if the magistrates’ court has been asked to reconsider its decision; 4. List the parties on whom the appeal notice has been served.
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29
Q

Who hears the appeal in the Crown Court?

A

A judge of the Crown Court and two lay magistrates.

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30
Q

What is the procedure for bail pending appeal?

A

Bail can be applied for in the magistrates’ court or the Crown Court if refused.

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31
Q

What happens if an appellant abandons their appeal?

A

The Crown Court has no power to vary the magistrates’ decisions.

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32
Q

What powers does the Crown Court have on appeal from the magistrates?

A
  1. Confirm, reverse or vary the decision; 2. Remit the matter with its opinion to the magistrates; 3. Make any other order which the court thinks is just.
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33
Q

What is the difference between a conviction appeal and a sentence appeal?

A

In a conviction appeal, the Crown Court hears the evidence and gives reasons for the verdict; in a sentence appeal, the panel considers if the magistrates’ sentence was correct.

34
Q

What is the deadline for an appeal by way of case stated?

A

21 days from the date of the decision sought to be appealed.

35
Q

What is judicial review?

A

A means by which the High Court polices inferior tribunals and public bodies.

36
Q

What are the principal grounds for applying for judicial review?

A

Error of law on the face of the records, excess of jurisdiction, and breach of natural justice.

37
Q

What is the time limit for lodging an application for judicial review?

A

Within three months after the grounds arose.

38
Q

What guidance did R (P) v Liverpool City Magistrates provide?

A
  1. Use case stated for misdirection or error of law; 2. Judicial review is appropriate for issues of fact or alleged unfairness.
39
Q

What is the slip rule in the Crown Court?

A

The slip rule allows a judge to vary or rescind a sentence within 56 days of it being made. The judge who passed the sentence must be the one to make the variation.

40
Q

When can the slip rule be applied?

A

It can be applied following a sentence on an appeal from the magistrates’ court, but if an appeal has been decided by the Court of Appeal, the slip rule can no longer be used.

41
Q

What types of amendments can be made using the slip rule?

A

The slip rule can amend the length of the sentence, correct minor technical errors, or change the type of sentence or requirements attached to a community-based sentence.

42
Q

What types of cases does the Court of Appeal Criminal Division hear?

A

It hears appeals against conviction on indictment, appeals against sentence following conviction, references by the Attorney-General, and prosecution appeals against terminatory rulings.

43
Q

What sections of the Criminal Appeal Act 1968 govern appeals against conviction and sentence?

A

Sections 1 & 2 govern appeals against conviction, while sections 9 & 11 govern appeals against sentence following conviction on indictment.

44
Q

What is required to appeal to the Court of Appeal?

A

Leave is required to appeal, and appellants must convince a single judge that their appeal is arguable on the merits.

45
Q

What is the time limit for lodging grounds of appeal?

A

Notice of appeal must be served within 28 days of conviction or sentence, and extensions can be applied for at the time of serving Form NG.

46
Q

What should the Advice and Grounds document include?

A

It should identify necessary transcripts, provide reasonable grounds for appeal, and be sent to the defendant for approval.

47
Q

What is a certification of trial judge?

A

A certificate may be granted if a judge seeks guidance on interpreting new legislation; if granted, leave is not required.

48
Q

How are transcripts handled in Crown Court proceedings?

A

All proceedings are digitally recorded, and transcripts are ordered by the Registrar if required for the appeal.

49
Q

What is meant by ‘perfecting grounds’?

A

Counsel is invited to add references to transcripts to support arguments or reconsider the grounds within 14 days of receiving transcripts.

50
Q

What is a Respondent’s Notice?

A

It is a response served by the prosecution to assist the single judge on Form RN, especially in complex cases.

51
Q

How does the single judge consider leave to appeal?

A

The single judge considers the merits of the application and can grant, refuse, or refer it to the full Court of Appeal.

52
Q

What happens if leave is refused by the single judge?

A

The appellant can renew the application for leave to appeal within 10 business days, which will be heard orally by a full court.

53
Q

What are common grounds for an appeal against conviction?

A

Common grounds include wrongful admission/exclusion of evidence, misdirection, and fresh evidence.

54
Q

What are common grounds for an appeal against sentence?

A

Common grounds include wrong in law, manifestly excessive, and unjustified disparity between co-defendants.

55
Q

Can a defendant appeal a guilty plea?

A

Yes, a defendant can appeal a conviction even after pleading guilty, especially if the plea was entered under duress or incorrect legal advice.

56
Q

What is the test on appeal against conviction?

A

The court can allow an appeal only if they think the conviction is unsafe.

57
Q

What powers does the Court have on appeal against conviction?

A

The court can quash the conviction, order a retrial, or substitute a verdict of guilty for an alternative offence.

58
Q

What is a loss of time order?

A

It is an order that some or all time spent in prison during the appeal process may not count towards the appellant’s sentence.

59
Q

What does Section 23 of the Criminal Appeal Act 1968 allow?

A

It allows the Court of Appeal to admit fresh evidence on appeal, including evidence not called in the original proceedings.

60
Q

What factors does the court consider when admitting fresh evidence?

A

The court considers whether the evidence is believable, may afford grounds for allowing the appeal, and if there is a reasonable explanation for its absence in original proceedings.

61
Q

What is the summary of the appeals process from the Crown Court?

A

It includes the slip rule, types of appeals, the procedure, the test on appeal, powers on appeal, and admission of fresh evidence.

62
Q

What can happen if a conviction is unsafe?

A

The appeal can be allowed if the court thinks the defendant should have been sentenced differently.

63
Q

What powers exist on appeal against conviction and/or sentence?

A

Admission of fresh evidence on appeal if the Court of Appeal thinks it necessary or expedient in the interests of justice.

64
Q

Where do all defendants over the age of 18 have their first hearing?

A

In the magistrates’ court.

65
Q

What happens if a person under 18 is jointly charged with an adult?

A

They would make their first appearance in the magistrates’ court.

66
Q

What types of matters must the magistrates’ court try?

A

All summary only matters and may try any either-way matters.

67
Q

What is the role of the Crown Court in its capacity as a trial court?

A

It must try all indictable only matters and may try any either-way matters.

68
Q

Which court hears appeals from the Crown Court in its capacity as a trial court?

A

The Court of Appeal (Criminal Division).

69
Q

Which court hears appeals from the Court of Appeal (Criminal Division)?

A

The Supreme Court hears appeals on points of law of general public importance.

70
Q

What is the Youth Court’s jurisdiction?

A

It hears all defendants under the age of 18 unless they are jointly charged with an adult.

71
Q

What can the Attorney-General request following an acquittal?

A

The Attorney-General may ask for the opinion of the Court of Appeal on a point of law.

72
Q

What happens if the Attorney-General refers a case for review of sentence?

A

The AG may refer a case to the Court of Appeal if the sentence imposed is considered ‘unduly lenient’.

73
Q

What is the time limit for the Attorney-General to seek a reference for review of sentence?

A

The time limit is 28 days.

74
Q

What is the role of the Criminal Cases Review Commission (CCRC)?

A

The CCRC can refer any conviction or sentence to the Court of Appeal or Crown Court if there is a real possibility of quashing the original decision.

75
Q

What changed with the Criminal Justice Act 2003 regarding prosecution appeals?

A

It provided for prosecution appeals against any terminatory ruling made in the course of a Crown Court trial on indictment.

76
Q

What are the main requirements for a prosecution appeal against a terminatory ruling?

A

The ruling must be made before summing up, an acquittal agreement must be given, and the ruling must not be appealable by other means.

77
Q

What is the procedure for prosecution appeals against terminatory rulings?

A

Prosecution counsel must notify the judge, serve written notice of appeal, and may apply orally for leave to appeal.

78
Q

What can be appealed under the prosecution appeals against terminatory rulings?

A

Rulings such as staying proceedings as an abuse of the court’s process or evidential rulings leaving the prosecution with no evidence.

79
Q

What is a preparatory hearing?

A

A form of case management hearing held in long, complex, or fraud cases.

80
Q

What is required for appeals to the Supreme Court?

A

The Court of Appeal or the Supreme Court must certify that the case involves a point of law of general public importance.

81
Q

What is the time limit for applying to the Court of Appeal for leave to appeal to the Supreme Court?

A

No more than 28 days after the court gives reasons for its decision.

82
Q

What types of appeals were explored in the summary?

A

References by the Attorney-General, Criminal Cases Review Commission, prosecution appeals against terminatory rulings, and appeals against rulings at preparatory hearings.

Criminal Litigation (9 decks)

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