Appeals

Question 1

Deadline for notice of appeal from mags to Crown Court

Answer 1

15 business days from passing of SENTENCE (whether appealing sentence OR conviction)

Question 2

Deadline for notice of application to introduce evidence when appealing from mags to Crown Court

Answer 2

14 days after service of appeal notice

Question 3

Deadline for notice of appeal from Crown Court to High Court

Answer 3

21 days after decision to appeal

Question 4

Deadline for notice of appeal to Court of Appeal

Answer 4

28 days after conviction OR sentence, depending on which is being appealed

Question 5

Deadline for application for leave to appeal to the UKSC from the Court of Appeal

Answer 5

28 days after CoA gives reasons

Question 6

Who hears a Crown Court appeal (two elements)

Answer 6

1) Circuit Judge or Recorder;
- and-
2) 2-4 lay justices

Question 7

What form does a Crown Court appeal take?

Answer 7

Rehearing

Question 8

How Crown Court determines sentence on appeal where there is also new evidence relevant to sentence

Answer 8

1) Will first consider if the original sentence was within powers of Mags, given the evidence it had at the time - if YES, will keep as is (without considering new evidence)
2) If NO, can re-sentence, up to the limit of Mags, but CAN consider the new evidence

Question 9

Deadline for judicial review

Answer 9

3 months (after decision complained of)

Question 10

Two methods by which prosecution can appeal from CC to CoA

Answer 10

They MUST inform the trial judge of their intention to appeal, then EITHER:

1) serve notice of appeal on the court, Registrar and Accused; OR
2) apply orally to the judge for leave to appeal

Question 11

When the Court of Appeal can substitute a verdict (2 conditions)

Answer 11

1) substituted offence was expressly/impliedly included;

AND

2) jury was satisfied of facts which proved guilt on the substituted offence