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
