Appeals - Crown Flashcards
What is the Crown Court’s power to rectify mistakes aka slip rule?
Judge can vary or rescind a sentence within 56 days of it being made
When can the slip rule not be used?
If appeal to CoA decided
What are the powers to amend associated with the slip rule?
length of sentence, type of sentence and requirements
Where do all appeals from the crown court as a trial court go?
Court of Appeal
Is leave rquired to appeal to the court of appeal?
Yes
What is the duty of counsel in terms of appeals of conviction/sentence?
Advise promptly after conviction/sentence including whether there are grounds to appeal
What is an unusual way for an appeal to be approved for the court of appeal?
Trial judge certifying as ‘fit for appeal’
What happens when the registrar receives the court transcripts?
Counsel invited to perfect grounds within 14 days
How is an application for leave to appeal decided?
By single judge in court of appeal on papers alone
What can a single judge do in consideration of an application for leave to appeal?
- Grant application wholly/partly
- Refuse
- Refer to full CoA without granting leave
What are a persons options if the single judge refuses or partly grants leave for appeal?
Can renew application by serving form on court of appeal within 10 business days of receipt of notification of decision
When may the registrar bypass the single judge decision for leave for appeal?
- Unlawful sentence must be amended or
- Novel point of law or
- Matter requires expedition
Can a defendant appeal a conviction even if they pleaded guilty in the crown court?
Yes
What must be served when the appeal notice does not sufficiently outline the grounds for appeal?
Skeleton
What is the deadline for serving a skeleton?
o Appellant must serve 21 days prior to hearing
o Respondent 14 days before hearing
What is the test for allowing an appeal?
Conviction = unsafe
Sentence = wrong in law or manifestly excessive
What are the court of appeals powers on appeal of conviction?
- 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
What are the court of appeals powers on appeal of sentence?
- Quash
- Pass any sentence in place of it which court below had power to
- Appellant not more severely dealt with on appeal
What is a loss of time order?
time spent in prison between date of lodging appeal and its dismissal may not count towards sentence
What are the circumstances when the court of appeal may adduce evidence/fresh evidence in an appeal?
Necessary or expedient in the interests of justice
What are the powers of the attorney general?
- Reference on a point of law following acquittal (to clarify point of law)
- Reference for review of sentence (if unduly lenient)
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?
28 days
What are the requirements for a prosecution appeal against terminatory rulings?
- Ruling must be made before summing up
- Acquittal agreement must be given by prosecution
- Ruling must not be appealable to COA by other means
What is the procedure for a prosecution appeal against terminatory ruling?
- 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)
