Appeals from CC Flashcards
within what time limit can a crown court sentence/other order be varied and by whom?
by judge who originally passed sentence (need not have justices with them), within 56 days
NOT if appeal already determined
what is the CCs power to vary sentences?
may extend, reduce and substitute
e.g swap unlawful sentence (30mos custody on 16 year old) for extended sentence under s250 or swap 6mos detention for hospital order
what type of appeals does statute give CoA jursidiction to hear?
- appeals against conviction on indictment, sentencing
- give an opinion, acquittal
- prep hearings , serious fraud
- unduly lenient sentences
- CCRC
NOT refusal to make a football banning order
what matters must be heard by a full court (at least 3, ascending uneven numbers)
appeal against conviction
review of sentence
appeal unfitness to please finding
verdict of NG by reason of insanity
leave to appeal to SC
when is leave not required to appeal to CoA against conviction?
where, within 28 days, certificate or case being fit for appeal granted - v rare and rest of appeal process must be followed
what is first step in appealing conviction to CoA
appeal on papers within 28 days, usually read by sole judge, exceptionally will be considered by full court (expedition/sentencing)
if rejected entitled to renew before full court
in what 3 circs will an appeal against conviction where G plea entered be considered?
- plea vitiated by erroneous advice for example
- abuse of process
- conclusively proven that they did not commit offence
what will be taken into account when considering whether wrongful admission/exclusion of evidence renders conviction unsafe?
fact that advocate did not object at time
actual prejudical effect
where may judge discretion be challenged as point of appeal?
failure to take into account factors or taking into account of wrong factors
the wrongful rejection of no case to answer leads to….
conclusion that conviction is unsafe
even where guilt admitted later
failure of experienced advocate does not prevent this
court will normally not interfere where application would have succeeded but was not made at all
will a defect in the indictment lead challenge safety of conviction?
yes largely where it has led to unfairness/excess of jursidiction/no law exists etc
proper remedy can be found e/g amended and re-arraigned
what routes to quashing conviction come from jury?
inconsistent verdict where no reasonable jury could have come to those conclusions
juror misconduct eg ouija board/downloading material from internet
can judicial conduct result in quashing?
yes e.g significant interruption/dismissive rudeness to witness, D or cousnel
what errors in summing up could lead to route to appeal of conviction
misdirection as to law
wrongful withdrawal of issues from jury - unless other verdict would be perverse
misdirection on facts if of such importance that would give poss of alt verdict
judge displaying blatant bias
error in failure to testify direction
error in character direction
what are some common grounds for appeal against sentence
sentence wrong in law
wrong in principle/manifestly excessive (not just severe)
remarks on sentencing - reveal wrong factors taken into account (eg NG, electedCC, attacks on character)
procedural error
justifiable grievance
disparity in sentence with co-accused (+ wrong/excessive, no reason)
failure to distinguish between offenders (e.g one has sig mitigaiton)
when must notice of application for leave to appeal (or notice to appeal if cert granted) be entered?
within 28 days of conviction or sentence - depending on which is being appealed
the ‘blue guide’ encourages prompt action - what does this entail?
oral discussion of prosepcts of appeal immediately after decision given - if grounds they should be drafted and sent off to be considered ASP
in how many documents should counsel put advice and grounds?
all in one - grounds and relevant facts should appear together
once grounds are submitted can they be amended?
yes within such time as allowed by CoA - e.g if transcript needed 14 days will be given from date they are sent - should alert if no need to amend
where grounds of appeal become unarguable - eg after transcript viewed - what should client be advised
not to go ahead and if they do so they risk an order that time already served will not count toward sentence
what duty does counsel have when drafting appeal
must consider they are properly arguable and not act merely on instruction
normally, who considers grounds once perfected?
single judge
can an extension be granted to the 28 days?
yes either before or after expiry
CoA takes precedence over other courts - what is the impact of this
CoA hearing priority so advocate should be released from lower court hearing - even CC
how are case summaries/skeletons to be used?
iot to streamline points of argument, clear and succinct - only what is strictly necessary - provided to all parties
can a representation order be granted for CoA, if so, when?
yes - at time leave granted - normally just covers counsel but sometimes extends to sols if extra work needed
what are an appellants options where single judge grants leave for only one ground
if no comment on other grounds - can argue them
if specifically excludes and refuses - must renew application before 2/3 judgeswh
what is consequence of application for leave being without merit?
time served will not count
on what grounds can CoA admit fresh evidence
necessary/expedient in interests of justice under s23 Crim appeal act 1968
incs jurors and legal reps
not chance for re-litigation
new expert evidence possibly when advance in science
not acceptable to dismiss previous counsel and get new ones to criticise predecessor
what is statutory base for appeal against conviciton
shall allow it where conviction may be unsafe - otherwise dismiss appeal
what is result of successful appeal against conviction
quash - directed to acquit
UNLESS - retrial ordered - could have been convicted at OG trial, alternative count
what will court take into account when deciding whether to order retrial?
elapsed time
fresh evidence undermining strength of case against them
prejudicial publicity (which would make verdict unsafe)w
when can CoA substitue conviction (2)
charged on single count where alternative offence included in count(express or implied)
charged in alternative where conviction of higher (eg murder for manslaughter) which was not supported by evidence
when should AGs referral for point of law be used?
importnat points requiring quick ruling rather than heavy questions
what is the impact of a AG referral on point of law?
acquittal not impacted
what procedure is applied when considering whether a sentence is unduly lenient?
court to decide whether unduly lenient on basis of info before the sentencing judge - only if yes can new material then be accepted
can P appeal against adverse rulings?
yes against terminating rulings OR evidentiary rulings which significantly weaken P case (s58 CJA)
(would otherwise bring P case to an end)
what is procedure for P appeal against T ruling?
- inform court of intention to appeal or request adjournment to consider and alert immediately
- need not be orally made - can be by email - adjournment normally one day only
- if yees - notice must be served
- hearing to take place within 1 day if expedited, 5 days if not
- D can oppose
if appeal by P abandoned/refused what must P undertake to do?
offer no evidence against accused
what are the conditions for reference by criminal cases review commission?
indictment/summary conviction or sentence
real possibility that CoA or CC will quash original sentence/conviction
both parties served notice and should respond
when can an appeal be made to SC?
where COA or SC consider appeal involves point of law of general public importance (certified by COA)
28 day time limit on appealing party (begins on day of decision)
no power for rep order
what if CoA refuse to hear submissions on appeal to SC?
no violation of rights - decision can be made on paper
