appeals from Crown court

Question 1

Appeals from court of appeal

Answer 1

Defendant may appeal against conviction, sentence or both to the COA (criminal division).
Leave to appeal must be granted by either the trial judge or court of appeal itself
Only ground for allowing appeal against conviction is that the conviction is unsafe and the COA may order a retrial or quash the conviction if it allows the defendants appeal .
COA new evidence for justice
Th criminal cases review commission may refer cases back to the COA after all routes of appeal have been exhausted if there is evidence of miscarriage of justice

Question 2

Challenges by the prosecution

Answer 2

The prosecution may ask the Attorney General to seek leave from the crooks of appeal to consider a unduly lenient sentence.
The attorney general may refer to a point of law to the COA if the prosecution is concerned about acquittal. Will settle law on that point and not affect acquittal.
Jury tampering= retrial ordered at high court.
CJA 2003 = double jeopardy rule abolished. So director of public prosecutions may apply to COA to order are trial if there is new compelling evidence.
Prosecution may appeal against a ruling on law made by a judge in a crown court trial

Question 3

Appeals to the Supreme Court

Answer 3

Both P and D have the right to appeal from the COA criminal division to the Supreme Court.
COA has to certify that it is a point of law of public importance and either COA or Supreme court must give permission to appeal.

Very few are appealed to Supreme Court