Appeals - Crown Court Decisions

Question 1

What is the slip rule in the Crown Court?

Answer 1

a power to vary or rescind a sentence or order within 56 days of it being made

Question 3

What is the Slip rule in the Crown Court?

Answer 3

Allows court to vary or rescind a sentence within 56 days

Question 4

Who can use the slip rule?

Answer 4

Only the judge who passed the sentence

Question 5

When is the slip rule used?

Answer 5

To correct recognisable mistakes without the need for an appeal, including amending the type or requirements of a sentence

Question 6

Can the slip rule be used after an appeal?

Answer 6

No - once an appeal is decided, the slip rule is no longer available

Question 7

Which court hears appeals from the Crown?

Answer 7

The Court of Appeal (Criminal Division)

Question 8

What types of Crown Court decisions can be appealed?

Answer 8

• Convictions on indictment
• Sentence after conviction on indictment
• Sentence after committal for sentence

Question 9

Is leave required to appeal to the Court of Appeal

Answer 9

Yes - leave must be granted by a single judge or the full Court of Appeal

Question 10

What is the time limit to appeal against conviction or sentence?

Answer 10

28 days from conviction (for conviction appeal) or 28 days from sentence (for sentence appeal)

Question 11

What form must be used to lodge an appeal?

Answer 11

Form NG (Notice of Appeal)

Question 12

What grounds must be included with Form NG?

Answer 12

• Grounds of Appeal
• Counsels Advice on Appeal
• Relevant trial documents

Question 13

What happens if time limits are missed?

Answer 13

An application for extension must be submitted with reasons.

Question 14

What must counsel do after conviction or sentence?

Answer 14

• Give prompt oral advice
• Draft Advice and Grounds (as one document)

Question 15

What happens if counsel advises no grounds?

Answer 15

A negative advice must be prepared and sent to the Solicitor

Question 16

What is a certificate of fitness for appeal?

Answer 16

A rare certificate where the trial judge states the case is fit for appeal - bypasses need for leave

Question 17

When might certificate of fitness to appeal be granted?

Answer 17

eg. where a judge rules on novel points of law but recognises that the opposing argument has merit

Question 18

What options does a single judge have?

Answer 18

• Grant leave
• Refuse leave
• Refer to full court

Question 19

What happens if leave is refused by the single judge?

Answer 19

Appellant can renew the application for leave, orally before the full court.

Question 20

What is the time limit for renewal of the application for leave?

Answer 20

10 business days from notification of refusal

Question 21

Who hears a conviction appeal?

Answer 21

A 3 judge court of appeal

Question 22

Who hears a sentence appeal?

Answer 22

A 2-judge Court of Appeal

Question 23

Is the respondent usually represented at sentence appeals?

Answer 23

No - but they are represented at conviction appeals

Question 24

What is the test for allowing a conviction appeal?

Answer 24

The conviction is unsafe

Question 25

What is the test for allowing a sentence appeal?

Answer 25

The sentence was wrong in principle or manifestly excessive

Question 26

What can the Court of Appeal do on conviction appeal?

Answer 26

- Quash the conviction - Order a retrial - Substitute a verdict of a lesser offence

Question 27

What can the Court of Appeal do on a sentence appeal?

Answer 27

- Quash the sentence - Substitute any sentence the lower court could have passed - Ensure D is not more severely punished than original

Question 28

What is a 'loss of time' order?

Answer 28

An order that time spent in custody during an unmeritorious appeal does not count towards the sentence.

Question 29

When is a loss of time order considered?

Answer 29

If the appeal is wholly without merit

Question 30

Can fresh evidence be introduced on appeal and what factors are considered before admitting fresh evidence?

Answer 30

Yes - Capable of belied - Relevant to the appeal - Admissible at trial - Reasonable explanation for earlier non-production

Question 31

What additional types of cases can the Court of Appeal hear from the Crown?

Answer 31

- Attorney- General references (point of law or unduly lenient sentence) - CCR referrals - Prosecution appeals against terminatory rulings - Appeals from preparatory hearings

Question 32

When can the Attorney General refer a point of law after acquittal?

Answer 32

After an acquittal on indictment, to clarify the law - it does not affect the acquittal

Question 33

When can the Attorney General refer a case for unduly lenient sentence?

Answer 33

- For offences triable only on indictment, or - Certain either-way offences specified by order

Question 34

What is the time limit for an unduly lenient reference?

Answer 34

28 days from sentence

Question 35

Can the CoA increase sentence under AG reference?

Answer 35

Yes - but will usually give some discount for double jeopardy

Question 36

What does Criminal Cases Review Commission (CCRC) do?

Answer 36

Refers convictions/sentences to the CoA (or Crown for summary offences) where there is a real possibility of quashing the original decision.

Question 37

When will the CCRC usually refer a case?

Answer 37

Where new evidence or arguments not available at the original trial or appeal arise, unless exceptional circumstances exist.

Question 38

What allows the prosecution to appeal terminatory rulings?

Answer 38

Section 58 Criminal Justice Act 2003

Question 39

What is a terminatory ruling?

Answer 39

A ruling that brings the case to an end eg. abuse of process, no case to asnwer

Question 40

What are the 3 requirements for a prosecution appeal?

Answer 40

- Ruling made before summing up - Prosecution gives an acquittal agreement (D is acquitted if appeal fails) - Ruling is not otherwise appealable

Question 41

How quickly must the prosecution act in expedited cases?

Answer 41

Notice of appeal served by the next business day

Question 42

Can the trial judge grant leave for a prosecution appeal?

Answer 42

Yes - the judge can grant leave if there is a real prospect of success

Question 43

If the judge refuses leave, can the prosecution still appeal?

Answer 43

Yes - they can proceed directly to the CoA

Question 44

What is a preparatory hearing?

Answer 44

A case management hearing in complex or serious fraud cases

Question 45

Who can appeal rulings from a preparatory hearing?

Answer 45

Both prosec and defence can appeal rulings made at such hearings to the CoA

Question 46

Which court decisions can be appealed to the Supreme Court?

Answer 46

Decisions of the CoA (Criminal Division)

Question 47

What are the requirements to appeal to the Supreme Court?

Answer 47

- Case involves a point of law of general public importance - Certification from CoA or Supreme Court is required

Question 48

What is the time limit to apply for the leave to appeal to the Supreme Court?

Answer 48

- 28 days after CoA reasons for decision (conviction or sentence cases) - 14 days after CoA reasons for AG Reference cases