Appeals Flashcards

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0
Q

What is the route of appeals?

A

Crown court
High court QBDC
Court of appeal
Supreme Court

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1
Q

Jurisdiction of Crown Court

A

Hears all indictable offences
Hears some TEW offences
Hears cases referred by mags
Hears appeals from mags

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2
Q

What’s the route for appeals from Mags court?

A
  1. Deal can appeal to Crown Court
    - as of right, against conviction/sentence, appeal based on fact not law
  2. Prosecution or defence can appeal
    - against conviction only, to high court QBDC
  3. Further appeal to Supreme Court from QBDC
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3
Q

Appeals from the crown court route.

A
  1. Prosecution may appeal to court of appeal against not guilty verdict, jury was nobbled or new compelling evidence
  2. Prosecution may get attorney general reference to the CA about the acquittal which leaves the acquittal unchanged but alters the law for future cases
  3. Prosecution may get an A-G reference to the CA about lenient sentence CA can increase/reduce it
  4. Further appeal to Supreme Court
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