Appeals procedure Flashcards
Appeals from magistrates to crown court - Circumstances
A defendant convicted in the magistrates court may appeal to the crown court in the following circumstances:
- If they pleaded guilty they may appeal against sentence they received
- If they pleaded not guilty they may appeal against any resulting conviction and/or sentence they received
Appeals from magistrates to crown court - Who will hear the appeal
The appeal will usually be heard by a recorder or a circuit judge who will sit with an even number of magistrates. Will normally be 2 magistrates but can be up to 4.
Appeals from magistrates to crown court - Prosecution
The prosecution does not have any rights of appeal to the crown court against the acquittal of a defendant or the sentence imposed on a defendant by the magistrates court. They can however appeal to the High court on a point of law by way of case stated as can the defence
Appeals from magistrates to crown court - Procedure for appeal
Must file a notice of appeal with both the magistrates court and the CPS no more than 15 business days from the magistrates passing sentence. Crown court judge DOES NOT have discretionary power to extend this.
Appeals from magistrates to crown court - Powers of the crown court
They may confirm, reverse or vary the decision. They have the power to impose any sentence as ling as it is a sentence which the magistrates had the power to impose.
Appeals from magistrates to High court - After an appeal to Crown court
Both CPS and the defendant are able to appeal to the High court by way of case stated against any decision or oder made by the crown court following an appeal from the magistrates’ court. The appeal must be based either on a point of law or on an argument that the crown court has exceeded its jurisdiction
Appeals from magistrates to High court - Appeal to the high court by way of case stated - Procedure for appealing
Must apply to the magistrates court within 21 days of the relevant decision. The application must identify the Q of law. They must then state a case for the opinion of the high court. They will do this by preparing a draft statement of case that will:
- Specify the decision in issue
- Specify the questions(s) of law/jurisdiction
- Include a succinct summary of the nature and history of proceedings, court’s relevant finds of fact, relevant contentions of the parties
- If a Q is whether there was sufficient evidence on which the court reasonably could reach a finding of fact - specify that finding and include a summary of evidence on which the court reached that finding
Appeals from magistrates to High court - Appeal to the high court by way of case stated - Power of the divisional court
They have the power to reverse, vary or affirm the decision made by the magistrates. It may also remit the case back to the magistrates with a direction to acquit or convict the defendant
Appeals from magistrates to Supreme court - After appeal to High court
Both CPS and the defendant are able to appeal to the SC in respect of any decision or order made by the high court following an appeal to the high court by way of case stated. Any such appeal must be on a point of law only and the high court must certify it to be a point of law of general public importance
Appeals from magistrates to Supreme court - Judicial review
Not strictly a form of appeal but it does present an alternative method of challenging a decision made. As with an appeal by way of case stated, an application for judicial review may be made either by the CPS or the defendant if:
a) the magistrates’ court has made an order that they had no power to make (and so have acted ‘ultra vires’, or beyond their powers); or
b) the magistrates’ court has breached the rules of natural justice (either by contravening a party’s right to a fair hearing, or by appearing to be biased)
Appeals from the crown court by a defendant - Rights of appeal to the Court of Appeal
A defendant has the following rights of appeal:
- Appeal against conviction. They may appeal against their conviction if either the court of appeal grants leave to appeal or the trial judge grants a certificate that the case is fit for appeal
- Appeal against sentence The defendant may appeal against the sentence they received if either the court of appeal grants leave appeal or the judge who passes the sentence has granted a certificate that the case is fit for appeal against sentence
Appeals from the crown court by a defendant - Factors raised by defendants to argue that their convictions are unsafe - Failure by trial judge to direct the jury correctly as to
- burden and standard of proof
- substantive law concerning the offence
- the fact that it is for the jury rather than the judge to determine facts of the case
- the fact that the jury should try to return a unanimous verdict
- the jury’s power to convict the defendant of any lesser offence which there was evidence to support
Appeals from the crown court by a defendant - Factors raised by defendants to argue that their convictions are unsafe - The trial judge wrongfully admitted/excluded evidence
- The judge wrongfully admitted evidence of a disputed confession of the defendant’s previous convictions
- The judge wrongfully excluded hearsay evidence which would have assisted the defendant’s case
Appeals from the crown court by a defendant - Factors raised by defendants to argue that their convictions are unsafe - Trial judge failed to administer the correct warnings to the jury
- The judge failed to give a turnbull warning in a case of disputed identification
- Judge failed to give a proper direction to the jury as to the drawing of adverse inferences from the defendant’s silence
- The judge failed to give a proper direction to the jury as to the relevance of any previous convictions which may have been adduced in evidence
Appeals from the crown court by a defendant - Factors raised by defendants to argue that their convictions are unsafe - Inappropriate interventions by trial judge
E.g if the judge had constantly interrupted defence counsel during the cross-examination of a prosecution witness