Appeals - Crown Court I Flashcards
What is the slip rule?
Crown Court has power to rectify mistakes
What is Crown Court scope of rectifying mistakes?
- Must do so within 56 days
- Only sentencing judge can use this power
Can Crown Court use power to rectify mistakes if appeal has been decided by CoA?
No
What is example of slip rule usage?
1) Increasing a sentence if misled the court
2) Adjusting community sentence, e.g. if D secures night shift-employment
Which court hears appeals from Crown Court?
Court of Appeal
What circumstances can D appeal to CoA from Crown Court?
1) Conviction on indictment
2) Sentence following conviction on indictment
3) Sentence on committal for sentence
What circumstances can Attorney General appeal to CoA from Crown Court?
1) Unduly lenient sentences
2) Points of law following an acquittal
What circumstances can Prosecution appeal to CoA from Crown Court?
Terminatory rulings in prosecution case
Who hears sentence and conviction appeals from CoA?
Two judges (sentence) or three judges (conviction)
What must D apply for in order to appeal to CoA?
Leave to appeal
What happens if leave to appeal is refused?
Appellant may renew application before full court
What is time limit on appeals?
Within 28 days of what you are appealing against (i.e. conviction, sentence)
Can you apply for time extension application?
Yes, granted at the court’s discretion
If valid grounds of appeal, what must counsel draft?
1) An Advice (explaining merits of appeal)
2) Grounds of Appeal (specific legal reasons for appeal)
What is a certificate of trial judge?
Trial judge may certify a case as “fit for appeal” – although rarely granted
How long does appellant have to renew application if leave is refused?
10 business days
What are grounds for conviction appeals?
- Wrongful admission / exclusion of evidence
- Misdirection on law or facts
- Improper conduct
- Inconsistent jury verdicts
- Fresh evidence
- Defects in indictment
- Ineffective legal representation
What are grounds for sentence appeals?
- Wrong in law
- Wrong in principle
- Manifestly excessive
- Failure to consider mitigating factors
- Unjustified disparity between co-defendants
When can a guilty plea be appealed?
- Entered incorrectly
- Entered under incorrect legal advice
- Plea was not truly voluntary
What happens if a guilty plea is successful?
Plea is quashed – a new trial may be ordered
Is prosecution present for CoA appeals?
Only for conviction appeals
What is the test on appeal for conviction?
Appeal is allowed if conviction is unsafe
What is the test on appeal for sentence?
Appellant should have been sentenced differently
What is a loss of time order?
If appeal is wholly without merit, CoA may order that time spent in prison awaiting appeal does not count toward sentence
When will CoA admit new evidence?
- Credible
- Could affect outcome
- Would have been admissible at trial
- Reasonable explanation for not presenting it earlier
