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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
Can the prosecution appeal to the Crown Court?
No, the prosecution's options are limited to case stated or judicial review.
26
What happens to the sentence when a conviction appeal is upheld?
The Crown Court can pass any sentence that the magistrates' court could have passed, including a more severe one.
27
What is the time limit for lodging a notice of appeal?
Within 15 business days of the sentence.
28
What must the notice of appeal specify?
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.
29
Who hears the appeal in the Crown Court?
A judge of the Crown Court and two lay magistrates.
30
What is the procedure for bail pending appeal?
Bail can be applied for in the magistrates' court or the Crown Court if refused.
31
What happens if an appellant abandons their appeal?
The Crown Court has no power to vary the magistrates' decisions.
32
What powers does the Crown Court have on appeal from the magistrates?
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.
33
What is the difference between a conviction appeal and a sentence appeal?
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
What is the deadline for an appeal by way of case stated?
21 days from the date of the decision sought to be appealed.
35
What is judicial review?
A means by which the High Court polices inferior tribunals and public bodies.
36
What are the principal grounds for applying for judicial review?
Error of law on the face of the records, excess of jurisdiction, and breach of natural justice.
37
What is the time limit for lodging an application for judicial review?
Within three months after the grounds arose.
38
What guidance did R (P) v Liverpool City Magistrates provide?
1. Use case stated for misdirection or error of law; 2. Judicial review is appropriate for issues of fact or alleged unfairness.
39
What is the slip rule in the Crown Court?
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
When can the slip rule be applied?
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
What types of amendments can be made using the slip rule?
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
What types of cases does the Court of Appeal Criminal Division hear?
It hears appeals against conviction on indictment, appeals against sentence following conviction, references by the Attorney-General, and prosecution appeals against terminatory rulings.
43
What sections of the Criminal Appeal Act 1968 govern appeals against conviction and sentence?
Sections 1 & 2 govern appeals against conviction, while sections 9 & 11 govern appeals against sentence following conviction on indictment.
44
What is required to appeal to the Court of Appeal?
Leave is required to appeal, and appellants must convince a single judge that their appeal is arguable on the merits.
45
What is the time limit for lodging grounds of appeal?
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
What should the Advice and Grounds document include?
It should identify necessary transcripts, provide reasonable grounds for appeal, and be sent to the defendant for approval.
47
What is a certification of trial judge?
A certificate may be granted if a judge seeks guidance on interpreting new legislation; if granted, leave is not required.
48
How are transcripts handled in Crown Court proceedings?
All proceedings are digitally recorded, and transcripts are ordered by the Registrar if required for the appeal.
49
What is meant by 'perfecting grounds'?
Counsel is invited to add references to transcripts to support arguments or reconsider the grounds within 14 days of receiving transcripts.
50
What is a Respondent's Notice?
It is a response served by the prosecution to assist the single judge on Form RN, especially in complex cases.
51
How does the single judge consider leave to appeal?
The single judge considers the merits of the application and can grant, refuse, or refer it to the full Court of Appeal.
52
What happens if leave is refused by the single judge?
The appellant can renew the application for leave to appeal within 10 business days, which will be heard orally by a full court.
53
What are common grounds for an appeal against conviction?
Common grounds include wrongful admission/exclusion of evidence, misdirection, and fresh evidence.
54
What are common grounds for an appeal against sentence?
Common grounds include wrong in law, manifestly excessive, and unjustified disparity between co-defendants.
55
Can a defendant appeal a guilty plea?
Yes, a defendant can appeal a conviction even after pleading guilty, especially if the plea was entered under duress or incorrect legal advice.
56
What is the test on appeal against conviction?
The court can allow an appeal only if they think the conviction is unsafe.
57
What powers does the Court have on appeal against conviction?
The court can quash the conviction, order a retrial, or substitute a verdict of guilty for an alternative offence.
58
What is a loss of time order?
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
What does Section 23 of the Criminal Appeal Act 1968 allow?
It allows the Court of Appeal to admit fresh evidence on appeal, including evidence not called in the original proceedings.
60
What factors does the court consider when admitting fresh evidence?
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
What is the summary of the appeals process from the Crown Court?
It includes the slip rule, types of appeals, the procedure, the test on appeal, powers on appeal, and admission of fresh evidence.
62
What can happen if a conviction is unsafe?
The appeal can be allowed if the court thinks the defendant should have been sentenced differently.
63
What powers exist on appeal against conviction and/or sentence?
Admission of fresh evidence on appeal if the Court of Appeal thinks it necessary or expedient in the interests of justice.
64
Where do all defendants over the age of 18 have their first hearing?
In the magistrates’ court.
65
What happens if a person under 18 is jointly charged with an adult?
They would make their first appearance in the magistrates’ court.
66
What types of matters must the magistrates’ court try?
All summary only matters and may try any either-way matters.
67
What is the role of the Crown Court in its capacity as a trial court?
It must try all indictable only matters and may try any either-way matters.
68
Which court hears appeals from the Crown Court in its capacity as a trial court?
The Court of Appeal (Criminal Division).
69
Which court hears appeals from the Court of Appeal (Criminal Division)?
The Supreme Court hears appeals on points of law of general public importance.
70
What is the Youth Court's jurisdiction?
It hears all defendants under the age of 18 unless they are jointly charged with an adult.
71
What can the Attorney-General request following an acquittal?
The Attorney-General may ask for the opinion of the Court of Appeal on a point of law.
72
What happens if the Attorney-General refers a case for review of sentence?
The AG may refer a case to the Court of Appeal if the sentence imposed is considered 'unduly lenient'.
73
What is the time limit for the Attorney-General to seek a reference for review of sentence?
The time limit is 28 days.
74
What is the role of the Criminal Cases Review Commission (CCRC)?
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
What changed with the Criminal Justice Act 2003 regarding prosecution appeals?
It provided for prosecution appeals against any terminatory ruling made in the course of a Crown Court trial on indictment.
76
What are the main requirements for a prosecution appeal against a terminatory ruling?
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
What is the procedure for prosecution appeals against terminatory rulings?
Prosecution counsel must notify the judge, serve written notice of appeal, and may apply orally for leave to appeal.
78
What can be appealed under the prosecution appeals against terminatory rulings?
Rulings such as staying proceedings as an abuse of the court's process or evidential rulings leaving the prosecution with no evidence.
79
What is a preparatory hearing?
A form of case management hearing held in long, complex, or fraud cases.
80
What is required for appeals to the Supreme Court?
The Court of Appeal or the Supreme Court must certify that the case involves a point of law of general public importance.
81
What is the time limit for applying to the Court of Appeal for leave to appeal to the Supreme Court?
No more than 28 days after the court gives reasons for its decision.
82
What types of appeals were explored in the summary?
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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