Appeals Procedure Flashcards
What are the circumstances in which a defendant may appeal to the Crown Court from the Magistrates’ Court?
A defendant can appeal to the Crown Court from Magistrates’ Court if:
● they pleaded guilty and want to appeal their sentence
● they pleaded not guilty and want to appeal their conviction and/or sentence
How many days does the defendant have to file a notice of appeal to the Crown Court from Magistrates’ Court?
15 business days.
What are the grounds for appealing a Magistrates’ Court decision to the High Court by way of case stated?
Either the CPS or the defendant can appeal a decision of the magistrate’s court to the Queen’s Bench Division of the High Court if:
● the decision made by the magistrates is wrong in law
● the magistrates have acted outside their jurisdiction
What are some arguments that might be raised in an appeal by way of case stated?
Arguments in an appeal by way of case stated might include that:
● the magistrates misread, misunderstood or misapplied the law
● the magistrates decided to hear a case when they did not have jurisdiction to hear it
● the magistrates made errors in deciding the admissibility or otherwise of evidence
● the magistrates erred in their decision following a submission of no case to answer
How many days does a party have to apply to the Magistrate’s Court for an appeal by way of case stated?
21 days.
What are the grounds for appealing a Crown Court conviction to the Court of Appeal?
A defendant convicted in the Crown Court may appeal their conviction to the Criminal Division of the Court of Appeal if:
● The Court of Appeal grants leave to appeal
● The trial judge grants a certificate that the case is fit for appeal
When will the Court of Appeal allow an appeal against conviction?
The Court of Appeal must allow an appeal if it considers the conviction to be “unsafe.”
What are some common factors defendants raise when arguing that their convictions are unsafe?
Some of the most common factors are:
● failure by the trial judge to direct the jury correctly on matters such as the burden and standard of proof, the substantive law, the determination of facts, the possibility of a majority verdict, and the jury’s power to convict the defendant of any lesser offense
● the trial judge wrongfully admitting or excluding evidence
● the trial judge failing to administer the correct warnings to the jury
● inappropriate interventions by the trial judge
● failure by the trial judge to properly summarize the case to the jury in the summing up
● fresh evidence coming to light that casts doubt on the defendant’s guilt
How many days does a defendant have to serve a notice of appeal and draft grounds of appeal to the Court of Appeal following a Crown Court conviction?
28 days.
What are the powers of the Court of Appeal at an appeal against conviction?
The Court of Appeal may:
● quash the conviction and acquit the defendant
● quash the conviction and order a retrial
● allow part of the appeal and dismiss other parts, then re-sentence the defendant for the offenses for which the conviction was upheld
● find the defendant guilty of an alternative offense, then re-sentence the defendant
● dismiss the appeal
What is the two-fold test that must be satisfied for the Court of Appeal to quash an earlier acquittal and order a retrial?
The two-fold test includes:
● The evidential test: There must be “new and compelling” evidence of the defendant’s guilt.
● The interests of justice test: The Court of Appeal must consider factors like the likelihood of a fair trial, the time that has passed since the alleged offense, and whether the new evidence would have been available in the previous trial if the police and prosecution had acted with due diligence
