Appeals Flashcards
0
Q
What is the route of appeals?
A
Crown court
High court QBDC
Court of appeal
Supreme Court
1
Q
Jurisdiction of Crown Court
A
Hears all indictable offences
Hears some TEW offences
Hears cases referred by mags
Hears appeals from mags
2
Q
What’s the route for appeals from Mags court?
A
- Deal can appeal to Crown Court
- as of right, against conviction/sentence, appeal based on fact not law - Prosecution or defence can appeal
- against conviction only, to high court QBDC - Further appeal to Supreme Court from QBDC
3
Q
Appeals from the crown court route.
A
- Prosecution may appeal to court of appeal against not guilty verdict, jury was nobbled or new compelling evidence
- Prosecution may get attorney general reference to the CA about the acquittal which leaves the acquittal unchanged but alters the law for future cases
- Prosecution may get an A-G reference to the CA about lenient sentence CA can increase/reduce it
- Further appeal to Supreme Court