Appeals and Judicial Review

Question 1

Can the prosecution challenge and acquittal?

Answer 1

Only if new and compelling evidence comes to light after the acquittal for serious crime. This is the only exception to the double jeopardy rule

Question 2

Which body was created to review criminal cases in light of miscarriages of justice such as the Birmingham Six?

Answer 2

The Criminal Case Review Commission

Question 3

Which is the highest national appeal court for both civil and criminal matters?

Answer 3

The Supreme Court

Question 4

What is the effect of Court Rule 52 (following the Access to Justice Act 1999)?

Answer 4

It is a civil procedure rule. Requires permission to appeal to be obtained for almost all appeals. Permission can be gained from court at first instance, or appellate court itself. Permission will be given where the appeal has a realistic chance of success, or for some other compelling reason. Usually, there will be only one level of appeal. Only the Court of Appeal can grant a second appeal, where an important legal principle is at issue.