Appeals from the Crown Court Flashcards
1
Q
Appeals to CoA - Defence
- leave to ______ is needed from the ____ or from the _____ judge
- under the __________ leave to appeal only granted if they think _____ is ‘_____’
- new _____ will be considered
- have the power to order a _____ in front of a ___ _____.
- can _____, _____ or ______ the conviction
A
Leave to appeal is needed from the CoA or from the trial judge
Under the Criminal Appeal Act 1995 leave to appeal only granted if they think conviction is ‘unsafe’
New evidence will be considered
Have the power to order a retrial in front of a new jury
- can confirm, reverse or vary the conviction
2
Q
Appeals to CoA - Prosecution
- Against a _________ ___________
under the ______ right to appeal judge’s ______ on a _____ that has effectively ______ the case - Against _______
where the _______ was a result of _____. ____ serious offences can be retried if ____ evidence of D’s guilt - Referring on a ____________
the ______ can refer a ______ to the CoA if there are concerns about D’s acquittal - Against ____
the ______ can apply for leave if he thinks the ______ was too _______ under s.___ of the ________
A
- Against a judges ruling
under the Criminal Justice Act 2003 right to appeal judge’s ruling on a point of law that has effectively stopped the case. - Against acquittal
where the acquittal was a result of jury nobbling. 30 serious offences can be retried if new evidence of D’s guilt. - Referring on a point of law
the Attorney General can refer a point of law to the CoA if there are concerns about D’s acquittal - Against sentence
the Attorney General can apply for leave if he thinks the sentence was too lenient under s.36 of the Criminal Justice Act 1988
3
Q
Appeals to the Supreme Court - Defence & Prosecution
- can only appeal if it involves a ___________ of ______ ______ _________
- _________ is needed from the _____ or SC
A
can only appeal if it involves a point of law of general public importance.
leave to appeal is needed from the CoA or SC
