Appeals from the Crown Court Flashcards
What can the D appeal against?
The D can appeal against conviction and/or sentence to the CA Criminal Division.
What should happen at the end of a criminal trial if the D is found G?
His lawyer should advise him on the possibility of an appeal.
This advice can be given verbally at the court or in writing within 14 days of the end of the trial.
IOT appeal, a notice of appeal must be filled at the CA Criminal Division within 28 days of conviction.
What Act sets out the rules of Appeal?
Criminal Appeals Act 1995
What does the Criminal Appeals Act 1995 say about obtaining leave?
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In all cases the D must get leave to appeal from the CA, or a certificate that the case is fit for appeal from the trial judge.
The application for leave to appeal is considered by a single judge in the CA, if he refuses the D can apply for the decision to be made by a full court.
When does the Criminal Appeal Act 1995 state that an appeal should be heard?
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The CA shall allow an appeal against conviction if they think that the conviction is unsafe
The CA shall dismiss the appeal in any other cases.
What does the word ‘unsafe’ mean in the Criminal Appeals Act 1995?
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Since the HRA 1998 the CA has taken a broad meaning to the meaning of ‘unsafe’.
What must any new evidence be?
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Any new evidence appear to be capable of belief.
It also has to be considered together with whether it would have been admissible at the trial and why it was not used.
What can the CA do to once they decide to allow the appeal?
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They can wither quash the conviction, vary it to a lesser offence.
With regards to sentence, they can decrease it but they CANNOT increase it.
The CA also has the power to order a retrial in front of a new jury.
Have the prosecution always been able to make appeals form the Crown Court?
No, originally the prosecution had no right to appeal against either the verdict or the sentence.
What does the Criminal Procedure and Investigations Act 1996 allow?
Where jury ‘nobbling’ has taken place then the CPIA 1996 allows an application to be made to the High Court for an order quashing the acquittal. Once the acquittal is quashed the prosecution can begin proceedings for the same offence.
What does the prosecution have a right to do once a D has been acquitted?
They have a special referral right.
This is under s36 of the CJA 1972. This allows the Attorney General to refer a point pf law to the CA IOT get a ruling on the law.
The decision on that point of law doesn’t affect the acquittal but creates a precedent in future cases.
Can the Attorney General appeal/ change sentences?
The AG can apply for leave to refer any unduly lenient sentence to the CA for re-sentencing.
An example of this power being used is when a 15 year old boy was given a supervision for raping a girl. His sentence was increased to 2 years in custody.
The main difficulty is for the AG to be aware of cases. Most cases are sent to the AG by the CPS but the general public can write and so too can MP’s on the V’s behalf.
