Appeals Flashcards
If the mags have made an error as to sentence, conviction or other order, what can they do
Rectify the mistake themselves ie reopen the conviction or vary the sentence.
Does the defendant have an automatic right of appeal to crown court
Yes
When should you appeal to high court for judicial review from mags
Procedural irregularities and unfairness/ bias
When should notice of appeal be given if exercising automatic right of appeal to crown
Within 15 business days from sentence
Who can appeal by way of case stated
Prosecution and defence
When should notice be given if using case stated appeal to high court
Within 21 days of decision being appealed
When should you use case stated
Misdirection or error of law
When should you use judicial review
Procedural irregularities and bias
What is the slip rule
Similar to mags ability to rectify mistakes but crown court can only do it for sentencing
When is the first time you can apply for leave to court of appeal
In front of trial judge you can get a certificate but v rare as usually means trial judge is admitting he made a mistake
When must notice of appeal be given to appeal to court of appeal
Within 28 days of Sentence or conviction
What is perfecting grounds
Adding references to the transcript to support arguments advanced. Must be done within 14 days of being sent copy of transcript
Who is the application to appeal to court of appeal made to if trial judge does not give certificate
In front of the single judge
What can the appellant do if single judge dismissed
Can renew the application within 10 business days of receipt of decision
Who will hear the renewed application
The full court of 2 or 3 judges - no representation order is available
When can the single judge be bypassed and have full court decide
If there is an unlawful sentence which must be amended or
There is a novel point of law
Can you appeal a plea of guilty and what are the circumstances generally
Yea you can
Usually if incorrect legal advice or an incorrect decision by judge which gave no option but to plead guilty
What is the test on appeal to court of appeal
Court must consider if
Conviction is unsafe
Should have been sentenced differently
Can the court of appeal allow fresh evidence
Yea if they think necessary or expedient in the interests of justice
What is the first thing that could be done if mags made a mistake in conviction or sentence
Reopen the conviction or vary the sentence themselves
Does the defendant have an automatic right of appeal to the crown court
Yes
When must the defendant appeal to crown court
15 business days from sentence
What is an appeal by way of case stated
An appeal to the high court that a decision made was wrong in law or in excess of jurisdiction
When to use case stated and Whne to use judicial review
Use case states if misdirection or error of law
Use judicial review where unfairness or bias , or where issue of fact
What is the slip rule
It is used in crown court and allows them to increase or decrease sentences or types of sentences or other order
Who can use attorney general reference
Prosecution
Why use attorney general reference
If sentence is unduly lenient or to clarify law
What does the criminal case review commission do
Has the power at any time to refer any conviction or sentence on indictment to court of appeal
Also has power to send any sentence or conviction for summary offence to crown court
What is a an appeal against a terminatory ruling
Ruling must be made before summing up and the prosecution must agree to acquittal ie brining the case to an end
If leave is refused then the defendant would be acquitted
