Appeals Crown Court Flashcards
Intro
Having an appeals process is of fundamental importance in the legal system. It ensures that errors and miscarriages can be corrected so appeals are important for Article 5 right to liberty and Article 6 right to fair trial particularly in the crown court where more serious offences indictable are tried e.g. Murder/s.18 (use whatever offence is in your scenario)
What are the two types of appeals and who are they open to
- Appeal of conviction and or sentence for defence
- Appeal ofJudicial Ruling because it’s an unduly lenient sentence or due to an acquittal
How do the defence appeal and where from
D appeals from the Crown Court to the Court of Appeals against their conviction or sentence
They must get leave to appeal from trial judge or CA and the application must be made within 28 days
How do sentence appeals work for the defence
S.9 Criminal appeals act allows for an appeal to the CA if the sentence was wrong principle or manifestly severe. D can appeal any sentence other than a fixed one e.g. Murder =life sentence though tariff could be altered as happened for Marine A sentence reduced from 10 to 8 years
S.11 CAA Allows the CA to vary the sentence but not increase it so it cannot go up
In what circumstances can the defence appeal their conviction
S.2 CAA provides that leave should be granted in cases where the conviction is unsafe (doubt as to whether an injustice has been done)
It will be heard by 3 judges one from the CA and 2 from the queens bench division
Valid reasons for conviction appeal
- Miss direction by judge
- Problems with evidence admissibility
- Issues relating to law not to facts as that was up to the jury to decide
What can the CA decide to do with a conviction appeal case that’s been brought to them
- Can allow the Appeal making D not guilty
- Can dismiss it keeping the conviction in place
- Can order a fresh trial under S.7 CAA e.g. In Clinton retrial ordered to test sexual infidelity evidence rule s.55 (6) (C) in loss of control
How common are conviction re trials
50-70 a year the case must be sufficiently serious to warrant it e.g. Wishes of the victim considered or Ds age/health. There fore where retrials are not prudent it’s better to quash the case and if it’s not possible to give D a fair trial then their conviction will be quashed as well
What is the conviction appeal in an of itself
- It’s not a retrial it’s a review the CA does not re hear the case unless there is fresh evidence or some legal procedural error leave isn’t often granted as the verdict of the jury should stand
- However when necessary the CA may admit fresh evidence if it’s necessary or expedient in the interests of justice (s.23 CAA) they must consider if the evidence is
- Credible/capable for belief
- Could afford a grounds for allowing the appeal -Would have been admissible at the trial
- There is a reasonable explanation as to why it wasn’t in the original trial
What does the CCRC have to do with conviction appeals
- Ds who have exhausted the regular appeal route can have their convictions quashed by the CCRC (CAA) to help remedy miscarriage
- D can apply to the CCRC which can investigate cases and then possibly refer it to the CA if there is a real possibility that the conviction or sentence may not be up held once a case is referred to the CA it is treated as a fresh appeal
Examples of CCRC successes
Ched Evans originally convicted in April 2012 his leave to Appeal was dismissed in November 2012.
- He applied to the CCRC after serving most of his 2 1/2 years in prison of his 5 year sentence
- A year after release the CCRC referred his case back to the CA and his conviction was quashed and a re trail ordered he was found not guilty
Circumstances in which prosecution appeals against a judicial ruling
-Should a trial judge give a ruling that stops the case against the defendant the CJA 2003 allows for the prosecution to appeal against this e.g. Agreeing with the defences submission that there isn’t a case to answer to
Circumstances in which the prosecution will appeal against an unduly lenient sentence
- Governed by s.35 and 36 PC the CJA 1988 and leave is needed from the CA
- Around 120 cases per year 80% success rate
- AG applies to get disproportionately low sentences increased
- For example AG ref 2009 sentence of rapist increased from 9 and 6 years to 14 and 9 years due to the horrific injuries they inflicted
Circumstances in which the prosecution will appeal against an acquittal
- This is vey rare as usually the jury decision should stand
- Can be done if there’s evidence of jury tampering affecting the verdict s.54-5 CPIA there must be a conviction for tampering for the appeal to happen if successful a retrial can be ordered
- Double jeopardy exception under s.75-80 CJA if it’s a crime like murder rape etc this isn’t technically a retrial but if the CA is satisfied the new evidence is compelling then the acquittal will be quashed e.g. R v Donson Steven Laurence case
Circumstances in which the prosecution will appeal against an acquittal part 2
- Clarification of a point of law under s.36 CJA 1972 prosecution assert that there is a point of law the judge got wrong what ever the opinion of the CA Ds acquittal will not be affected but will set a precedent e.g. AGs reference N3 1994 -murdering a foetus
