Appeals Procedure Flashcards
Can D appeal against conviction or sentence in criminal cases?
Yes - they can appeal against one or the other
D who has pleaded guilty in the Magistrates Court can only appeal against what in the Crown Court?
Sentence
Within how many days must D lodge a written notice of appeal from the Magistrates Court to the Crown court in respect of convicting/sentencing?
15 working days
The Crown Court have the power to increase or reduce the _______ imposed, although they are _______ to the powers of the _________ Court
sentence, restricted, Magistrates
Either D or P can appeal from the Magistrates Court to the Divisional High Court on what specific points of law by what?
By way of case stated
What are the 2 grounds in which D or P can appeal by way of case stated?
- Decision is wrong in law
- In excess of jurisdiction
Within how many days must D or P apply for an appeal from the Magistrates Court to the Divisional High Court by way of case stated?
What must the application include?
21 days
The point of law subject to appeal
Within how many days must D lodge a notice for application of leave from the Court of Appeal (to appeal a Crown Court decision on sentence/conviction)?
Within 28 days of the decision
A conviction may be appealed from the Crown Court only on the basis that it was what?
Unsafe
Give any 6 examples of where a conviction might be found to be unsafe?
- Wrongly admitted/excluded evidence
- Wrongly given/omitted direction
- Obvious bias from the judge
- Wrongful exercise of discretion
- Errors in summing up
- Jury-related problems
What are the 3 bases in which a sentence from the Crown Court may be appealed?
- Wrong in law
- Wrong in principle
- Manifestly excessive
P cannot appeal a decision by the jury to _____ D, but it can appeal ______ made by the judge during the course of the trial
acquit, rulings
