Appeals - Crown

Question 1

What is the Crown Court’s power to rectify mistakes aka slip rule?

Answer 1

Judge can vary or rescind a sentence within 56 days of it being made

Question 2

When can the slip rule not be used?

Answer 2

If appeal to CoA decided

Question 3

What are the powers to amend associated with the slip rule?

Answer 3

length of sentence, type of sentence and requirements

Question 4

Where do all appeals from the crown court as a trial court go?

Answer 4

Court of Appeal

Question 5

Is leave rquired to appeal to the court of appeal?

Answer 5

Yes

Question 6

What is the duty of counsel in terms of appeals of conviction/sentence?

Answer 6

Advise promptly after conviction/sentence including whether there are grounds to appeal

Question 7

What is an unusual way for an appeal to be approved for the court of appeal?

Answer 7

Trial judge certifying as ‘fit for appeal’

Question 8

What happens when the registrar receives the court transcripts?

Answer 8

Counsel invited to perfect grounds within 14 days

Question 9

How is an application for leave to appeal decided?

Answer 9

By single judge in court of appeal on papers alone

Question 10

What can a single judge do in consideration of an application for leave to appeal?

Answer 10

• Grant application wholly/partly
• Refuse
• Refer to full CoA without granting leave

Question 11

What are a persons options if the single judge refuses or partly grants leave for appeal?

Answer 11

Can renew application by serving form on court of appeal within 10 business days of receipt of notification of decision

Question 12

When may the registrar bypass the single judge decision for leave for appeal?

Answer 12

• Unlawful sentence must be amended or
• Novel point of law or
• Matter requires expedition

Question 13

Can a defendant appeal a conviction even if they pleaded guilty in the crown court?

Answer 13

Yes

Question 14

What must be served when the appeal notice does not sufficiently outline the grounds for appeal?

Answer 14

Skeleton

Question 15

What is the deadline for serving a skeleton?

Answer 15

o Appellant must serve 21 days prior to hearing
o Respondent 14 days before hearing

Question 16

What is the test for allowing an appeal?

Answer 16

Conviction = unsafe
Sentence = wrong in law or manifestly excessive

Question 17

What are the court of appeals powers on appeal of conviction?

Answer 17

• Quash
• Retrial (if interests of justice)
• Substitute veridtc of guilty for an alternative offence if:
  o Jury would have been able to convict alternative offence at trial and
  o Jury satisfied of facts which proved guilty of offence
• Amend sentence

Question 18

What are the court of appeals powers on appeal of sentence?

Answer 18

• Quash
• Pass any sentence in place of it which court below had power to
• Appellant not more severely dealt with on appeal

Question 19

What is a loss of time order?

Answer 19

time spent in prison between date of lodging appeal and its dismissal may not count towards sentence

Question 20

What are the circumstances when the court of appeal may adduce evidence/fresh evidence in an appeal?

Answer 20

Necessary or expedient in the interests of justice

Question 21

What are the powers of the attorney general?

Answer 21

• Reference on a point of law following acquittal (to clarify point of law)
• Reference for review of sentence (if unduly lenient)

Question 22

What is the time limit within which the Attorney General may refer a case to the Court of Appeal on the basis that the sentence imposed is considered to be unduly lenient?

Answer 22

28 days

Question 23

What are the requirements for a prosecution appeal against terminatory rulings?

Answer 23

• Ruling must be made before summing up
• Acquittal agreement must be given by prosecution
• Ruling must not be appealable to COA by other means

Question 24

What is the procedure for a prosecution appeal against terminatory ruling?

Answer 24

• P counsel notifies judge or
• Ask for short adjournment to speak to CPS lawyer
• Adjournment until next business day when notification given
• Counsel serves written notice on court, registrar and defendant
• Prosecution has 5 business days to serve written notice (non-expedited) or next business day (expedited)