Appeals Process from the Crown [Criminal Courts]

Question 1

Indictable Offences [Paragraph 1]

Answer 1

Indictable Offences, such as Burglary under s9 Theft Act 1968, are the most serious offences and are only tried at the Crown Court.

Question 2

COA Appeals by Defence [Paragraph 4]

Answer 2

Although rare, the defence can appeal from the Crown Court to the Court of Appeal: Criminal Division (COA) against sentence and/or conviction within 6 weeks of conviction if leave of appeal is granted. Under the Criminal Appeals Act 1995, leave will only be granted if the original decision is unsafe, usually due to new evidence.

Question 3

COA Appeals by Prosecution [Paragraph 4]

Answer 3

Alternatively, the prosecution can appeal to the COA against acquittal by a jury. These limited rights are; against acquittal due to new evidence (Stephen Lawrence case) or because of jury nobbling, or, under s36 Criminal Justice Act 1988, the Att-General can appeal against a lenient sentence, against a judge’s ruling if the judge’s mistake on a point of law stops the case against the D or finally referring a point of law.