Appeals from the Crown Court

Question 1

where does D appeal a decision of the CC to?

Answer 1

COA Crim Div

Question 2

TEST ON APPEAL BY D FROM CC TO COA - conviction vs sentence

Answer 2

appeal against conviction = conviction is UNSAFE

appeal against sentence = D should have been sentenced differently

Question 3

when can D appeal against conviction?

Answer 3

ground for appeal = the conviction is unsafe

examples:

• wrongful admission or exclusion of evidence
• wrongful rejection of submission of no case to answer
• fresh evidence comes to light
• conduct of trial judge or lawyers
• misdirection to jury on law or facts during summing up
• wrongful withdrawal of issues from the jury

Question 4

when can D appeal against sentence?

Answer 4

ground = the defendant should have been sentenced differently

examples:

• manifestly excessive
• wrong in law or principle
• D had a legitimate expectation
• judge fails to take into account relevant matters
• judge takes improper matters into account
• unjustified disparity between co-defendants
• failure to distinguish between co-defendants

Question 5

what is the procedure to appeal a CC decision?

Answer 5

1. LEAVE IS REQUIRED FROM THE COA = A applies for leave by sending the NOTICE OF APPEAL with the grounds and the Counsel’s Advice and Grounds to the Crown Court Registrar within 28 DAYS of the conviction or sentence (whichever is being appealed)
2. Crown Court Registrar will ask Counsel to ‘perfect grounds’ after sending the CC trial transcript + may ask P to serve a response
3. The application for leave will be heard either by a single COA judge or the full COA on papers alone
4. If leave is refused = A has 10 business days to renew the application for leave before the full COA (no representation order is available)
5. If leave is granted = matter is listed for appeal and heard by:

• 3 COA judges if appeal against conviction
• 2 COA judges if appeal against sentence

Question 6

powers of CoA on appeal from CC - conviction vs sentence

Answer 6

Conviction powers =

• quash conviction
• order appellant to be retried if in interests of justice
• substitute a verdict of guilty for an alternative offence that jury would have been able to convict him of based on the facts
• amend sentence to reflect change in conviction

Sentence powers =

• quash sentence + pass sentence it thinks appropriate (BUT IT MUST HAVE BEEN WITHIN CC POWERS)
• must ensure that appellant is NOT more severely dealt with on appeal (cannot pass a harsher sentence)

Question 7

can the Court of Appeal admit new evidence that was not called in original CC proceedings?

Answer 7

yes

Question 8

what is the risk of an appeal to the COA?

Answer 8

• COA can make a LOSS OF TIME ORDER after refusing a renewed application for leave if the application is considered to be wholly without merit
• effect = time spent in custody between date of lodging the appeal and the date of dismissal will not count towards the sentence
• advice = this is a risk of appeal, so if the grounds are not made out and the case is without merit then advise the appellant against the appeal

Question 9

can the COA grant a harsher sentence than the one the CC passed?

Answer 9

no - A must not be more severely dealt with on appeal

Question 10

can the appellant have bail pending appeal?

Answer 10

appellant has no right to bail pending appeal so they must apply for it - the single judge or full COA will consider the matter of bail when they consider the application to grant leave (have discretion)