Appeals Flashcards
Sketch out the diagram for Appeals from the Magistrates’ Court?
If a DEFENDANT is appealing from the Magistrates’ Court, what are the 2 courts they can make their FIRST Appeal to?
(1) Crown Court
(2) Divisional Court (of High Court)
If the DEFENDANT chooses to appeal from the Magistrates’ Court to the Crown Court under what 2 grounds can this be under
(1) Conviction OR
(2) Sentence
If the PROSECUTION is appealing from the Magistrates’ Court:
(1) What court(s) can they appeal to?
(2) Under what ground?
(1) Divisional Court (of High Court)
(2) ‘By way of case stated’
If the Prosecution or Defence appeals from the Magistrates’ Court to the Divisional Court (of High Court) ‘BY WAY OF CASE STATED’. What are the 2 meanings of this?
(1) Error of LAW
(2) EXCESS of JURISDICTION
When must the Defendant or Prosecution appealing from the Magistrates’ Court to the Divisional Court (of High Court) ‘BY WAY OF CASE STATED’ submit their appeal?
Within 21 days of Sentence or Conviction
When an Appeal from the Magistrates’ Court to the Divisional Court (of High Court) is heard in the Divisional Court, can NEW EVIDENCE be introduced?
NO Unless full-retrial ordered
When must a DEFENDANT appealing from the Magistrates’ Court to the Crown Court file their Appeal?
Within 15 days of SENTENCE (NOT Conviction)
If a case if appealed from he Magistrates’ Court to the Crown Court:
(1) What type of rehearing will take place at the Crown Court?
(2) Can new evidence be introduced?
(1) Full Rehearing
(2) YES - new evidence can be introduced
If a case if appealed from the Magistrates’ Court to the Crown Court:
What is the composition of the CC who will hear the Appeal?
(1) Judge (High Court, Circuit or Recorder)
(2) 2 to 4 Lay Magistrates
If the DEFENDANT loses an Appeal from the the Magistrates’ Court to the Crown Court, can they appeal to the Divisional Court (of High Court) ?
Yes
If the DEFENDANT loses an Appeal from the the Magistrates’ Court to the Divisional Court (of High Court), can they appeal to the Crown Court?
No
(1) Where can a Party appeal from the Divisional Court (of High Court) to?
(2) Which Parties can do this?
(1) Supreme Court
(2) BOTH
What are the 2 conditions an Appeal from the Divisional Court (of High Court) to the Supreme Court can be made under?
(1) Issue of GENERAL PUBLIC IMPORTANCE
(2) Permission of HIGH COURT or SUPREME COURT
Sketch out the diagram for Appeals from the Crown Court?
Where can the DEFENDANT OR PROSECUTION tried in the Crown Court make their FIRST Appeal?
Court of Appeal (Criminal Division)
For an Appeal from the Crown Court to the Court of Appeal (Criminal Division) who can make their first Appeal?
BOTH P and D
What 2 things can a DEFENDANT Appeal from the Crown Court to the Court of Appeal (Criminal Division)?
(1) Conviction (‘unsafe’)
(2) Sentence (‘wrong in law’, ‘manifestly excessive’ or ‘wrong in principle’
A DEFENDANT Appealing from the Crown Court to the Court of Appeal can Appeal their CONVICTION.
(1) Under what ground must they prove?
(2) What threshold must be met for the ground in (1)?
(3) What are 2 common examples of this?
(1) Conviction is ‘UNSAFE’
(2) Jury would have CHANGED THEIR VERDICT
(3)
(a) Allowed EVIDENCE included that should have been excluded (e.g. hearsay)
(b) Judge misdirected Jury on POINT OF LAW
A DEFENDANT who successfully Appeals their CONVICTION in the Court of Appeal (from the Crown Court) under the ground that the ‘Conviction is UNSAFE’. What is the most likely outcome of this successful Appeal?
Full Re-Trial Ordered
A DEFENDANT Appealing from the Crown Court to the Court of Appeal can Appeal their SENTENCE.
(1) Under what 3 possible ground must they prove? Sentence is…
(2) What are 3 common examples of this?
(1) Sentence is….
(a) Wrong in law
(b) Manifestly excessive
(c) Wrong in principle
(2)
(a) Judge failed to account EARLY GUILTY PLEA
(b) Judge failed to account MITIGATING CIRCUMSTANCES
(c) Judge failed hold NEWTON HEARING
When a DEFENDANT wants to Appeal from the Crown Court to the Court of Appeal (Criminal Division):
(1) What MUST they first gain?
(2) What are the 2 ways this can be gained (in order of what should be tried first)?
(1) PERMISSION
(2)
(a) Permission from TRIAL JUDGE at Crown COURT or
(b) Apply to Appeal to the Court of Appeal
If a DEFENDANT wishing to Appeal from the Crown Court to the Court of Appeal (Criminal Division) fails to gain permission from the Trial Judge at the Crown Court:
(1) Who must they then ask for permission to Appeal from?
(2) In what form does this take?
(3) In what time frame must this be done?
(1) Court of Appeal
(2) D must serve an APPEAL NOTICE on REGISTRAR
(3) Within 28 days from conviction / sentence (depends what appealing)
If a DEFENDANT wishing to Appeal from the Crown Court to the Court of Appeal (Criminal Division) asks the Court of Appeal for permission to Appeal:
(1) What must be served to begin this Appeal?
(2) On whom is it served?
(3) In what time frame?
(1) Appeal Notice
(2) On Registrar
(3) Within 28 days from conviction / sentence (depends what appealing)
