Appeals - Crown Court II Flashcards
What type of appeals does the Court of Appeal hear from the Crown Court?
1) Appeal against conviction
2) Appeal against sentence
3) AG – unduly lenient sentence
4) AG – opinion on point of law
5) References by Criminal Case Review Commission
6) Prosecution appeal against terminatory rulings
7) Appeal against rulings made at preparatory hearings in serious fraud cases
When might AG refer a case to the Court of Appeal?
1) Reference on point of law following acquittal
2) Reference for review on an unduly lenient sentence
What is deadline for AG on review of sentence?
28 days
What is the test for referral from a Criminal Case Review Commission?
Real possibility that Court of Appeal will quash conviction / sentence
When will CCRC refer a case?
Based on new evidence or new legal arguments
What are terminatory rulings?
No case to answer / abuse of process rulings
What is the rule on when a ruling must be made for a prosecution to appeal?
Must be made before summing up
What must prosecution give before terminatory appeal?
An acquittal agreement
What is the procedure for prosecution to appeal against terminatory ruling?
1) Immediately notify judge
2) Short adjournment may be requested
3) Written notice of appeal within 5 business days
4) If refused, prosecution can apply to Court of Appeal
What type of rulings can prosecution appeal?
1) Abuse of process ruling
2) No case to answer ruling
3) Key evidential ruling
When would a party be able to appeal to Supreme Court?
If CoA certifies that the case involves a point of law of general public importance
What is the deadline for an appeal to the Supreme Court?
- 28 days from CoA decision
- 14 days in Attorney-General reference cases
If AG refers point of law to CoA, what happens to acquittal?
The acquittal stands
