Appeals Criminal Flashcards
What are the two key functions of the appeals system?
Allow for review of decisions that could be unjust or incorrect
Allow the higher courts to clarify or reiterate the correct interpretation of the law in a specific area
What 3 reasons do criminal cases appeal against first instance decisions
- Appeal against conviction/sentence
- Appeals as the court has acted in excess of their powers or misapplied laww
- Real possibility that a miscarriage of justice has occurred
Appeal against sentence or conviction in Mags court (4)
A re hearing if whole Case by Crown court
Can agree with Mags Crt or make its own decision
Will review all points not just the the points set out in appeal
Can increase the sentence even if sentence is not appealed
If a D pleads guilty can they appeal against conviction?
No only the sentence
Can the prosecution appeal a Mags court matter to the Crown Court
No
Is leave to appeal needed in the Mags court?
No
When an appeal from the Mags to Crown Court who hears the appeal and what do they hear?
Judge & 2 Lay Mags
Hear the full facts of the case
A case appealed by the defendant tried by a crown court who will consider the case
Court of Appeal
Does an appeal of a crown court case require leave to appeal
Yes
What happens if leave to appeal is dismissed
Original verdict and sentence will remain
Can the prosecution appeal a crown court case
Yes but their powers are limited
Can the prosecution appeal if a defendant has been acquitted
No
Can the prosecution appeal on a terminatory ruling or evidential ruling in the crown court
Yes
A case appealed by the prosecution tried in a crown court who will consider the case
Court of appeal or the trial judge
What cases are usually appealed by the prosecution in crown court cases
Unduly lenient sentences
When case are appealed by the prosecution in crown court cases who must formal consent be obtained from
Governments Chief Legal Officer, the Attorney General
There are two types of appeals under Trials appealed when the court acted in excess of powers or misapplied law what are they?
Appeals against case stated
Judicial review proceedings
Who considers appeals by way of case stated?
Divisional Court of the Kings Bench of High Court
When is decision brought by way of case stated?
An order of judgment or other decision may be wrong in law or made in excess of jurisdiction.
When hearing takes place of an appeal by way of case stated what does the hearing consist of?
Legal argument only
What party can appeal by way of case stated?
Both D & Prosecution
Can an appeal by way of case stated be made following a Crown Court case ?
Yes but ONLY if the case is itself an appeal from the Mags Court
What is an appeal by way of case stated?
An appeal that the lower court incorrectly interpreted or applied the law or acted in excess of powers
Which is the preferred route of appeal;- appeals by way of case stated or appeals for judicial review
Appeals by way of case stated
Appeal for Judicial Review what party can appeal?
Both D & Prosecution
How are Appeal for Judicial Review treated
As a civil matter
Who hears Appeal for Judicial Review?
Administrative Court of the Kings Bench Division of the High Court
When can a party Appeal for Judicial Review? (3)
Lower Court has:-
1. Unreasonably
2. Ultra Vires (outside of legal powers)
3. Irrationally (applied law wrongly)
What is Ultra Vires?
Outside of its Legal Powers
What is the CCRC?
Criminal Cases Review Commission
What does the CCRC do?
A body which refers cases where there may have been a miscarriage of justice in the Mags Court or Crown Court
Who can request a case be reviewed by the CCRC?
Any person or the CCRC themselves
What is the test called for referring cases CCRC cases?
Real Possibility Test
There can be no appeal to the COA from any decision of the High Court which are civil or criminal?
Criminal
This means the only avenue of appeal against a High Court decision is the Supreme Court on law or public importance
Appeals against conviction what do they concern?
Whether a conviction is safe or unsafe rather than if the D is G or NG
When could a conviction be considered unsafe?
Error in summing up
Procedural irregularities
Fresh evidence
