Appeals

Question 1

Appealing from Mags to CC
- Who
- Deadline (how)
- Grounds
- Powers

Answer 1

Who: D only
Deadline: 15 business days of sentence
Grounds: conviction or setnece
Powers: can increase or decrease (max 6 months)

Heard De Novo before 1 judge and 2 mags

Question 2

Appeal from Mags by way of case stated
- Who
- Deadline (how)
- Grounds
- Powers

Answer 2

Who: P or D
Deadline: 15 business days of sentence
Grounds: unclear law
Powers: declaration and remit

Question 3

Appeal from Mags to HC by judicial review
- Who
- Deadline (how)
- Grounds
- Powers

Answer 3

Who: P or D
Deadline: ASAP no later than 3 months
Grounds: illegality, impropriety etc.
Powers: normal JR powers

Question 4

Appeal from CC to CoA
- Who
- Deadline (how)
- Grounds
- Powers

Answer 4

Who: D
Deadline: 28 days from conviction / sentence
Grounds: conviction is unsafe or sentence is wrong in law, principle or manifestly excessive
Powers: sentence same or less

Question 5

Appeal process for CC to CoA

Answer 5

Appeal to CC judge if refused then on papers to CoA judge. CoA judge refuses then must object within 10 business days for oral hearing.

Risk is that loss of time if completely without merit

Question 6

Appeals from CC to CoA - hearing evidence

Answer 6

No new evidence unless:
- Neccessary or in interests of justice + reasonable explanation for failure to adduce at trial
- may examine witnesses if necessary or in interests of justice

Question 6

When can P make an appeal?

Answer 6

Unduly lenient sentence: indictable + outside range of sentences judge could reasonably have considered appropriate (AG must lodge app to CoA within 28 days of sentence)

Against Conviction: Murder, Manslaughter, Attempted Murder, Arson only if new and compelling eivdence of D’s guilt and in interests of justice

Point of law: may appeal but does not change NG conviction