Appeals procedure Flashcards
What can D appeal against from the Magistrates?
The conviction or sentence
How can the prosecution appeal from the Magistrates?
Only to the High Court on a point of law by way of case stated
NOT against sentence/acquittal!
What sentence can the CC impose on an appeal from Magistrates?
Any sentence Magistrates would’ve had the power to impose
What is the basis of the High Court appeal by way of case stated?
- the decision was wrong in law, or
- the court acted outside its jurisdiction
Which part of the High Court is the appeal by way of case stated heard in?
Divisional Court of the King’s Bench Division
Who and where to can appeal from the HC?
Either party, to the SC
What does D need to appeal from the CC to the CoA?
Either the CoA’s grant of leave, or the CC judge’s certificate that the case is fit for appeal
What is the ground for appeal from the CC if D is appealing against the conviction?
That the conviction was “unsafe”
Deadline for D to serve appeal notice on the CoA Registrar
28 days from the day of conviction in the CC
When can the AG appeal from the CC to the CoA?
If believes the sentence was “unduly lenient”, and it was an indictable-only, or either way offence and CoA gave permission
2 tests which prosecution must meet for CoA to order a retrial:
- evidential test (new + compelling evidence)
- interests of justice test
