Appeals from the crown court Flashcards
How high ( out of the 5 ) is the COA?
2nd
If an appeal is coming from the crown where will it go first? ( Defence )
Court Of Appeals ( COA )
What can a defendant appeal to in COA? ( Defence )
Conviction or sentence.
What is the only grounds for appealing a conviction? ( Defence )
If it’s unsafe
Why would D appeal and how do they appeal?
If conviction and/or sentence was unduly harsh and need trial judge or court of appeal permission to appeal.
What are the possible results of an appeal in COA? ( Defence )
Quash, vary or dismiss or re order a new trial.
What can the prosecution appeal?
Trial judges ruling
Why would the prosecution appeal?
If an Aquittal was a result of jury nobbling or if new compelling evidence came to light. Or to make sure that a point of law doesn’t result in aquittal
What does acquittal mean?
A not guilty verdict
What else can the prosecution do to appeal?
Ask attorney general to seek leave from court of appeal to consider an unduly lenient sentence.
What may the attorney general do if he has leave to appeal?
Refer a point of law to COA - this settles future cases doesn’t at affect acquittal - s36 CJA
Who can appeal to supreme court?
Prosecution or defence
How does an appeal get to Supreme Court?
Court of appeal has to certify that it’s a point of law of public importance.
Very few cases.
