C16: Appealing Court Decisions Flashcards
What is an interlocutory appeal?
An appeal on a point of law to a high court before the case proceeds.
What are the 3 avenues of appeal from a Magistrates’ Court decision?
- Crown Court (conviction/sentence)
- High Court (by way of case stated on a point of law/jurisdiction)
- High Court (by way of judicial review)
If the accused wants to appeal a decision of the Magistrates’ Court, how long do they have to do so?
21 days of sentence being passed
If the accused wants to appeal a decision of the Magistrates’ Court, how should it be done?
Notice of appeal in writing to the court officer of the Magistrates’ Court (21 days)
What must be in a notice of appeal?
- conviction
- summary of issues
- witnesses
- length of hearing
- reasons for appeal
Will the appellant be granted legal aid for an appeal hearing if they had legal aid for the original trial?
It is likely that they will.
If, in an appeal, the appellants are over the threshold of the means test, when will they still get legal aid?
When the appeal is in the interests of justice. They will still need to pay a one-off payment if the appeal is dismissed or abandoned.
Who are the judges for an appeal in the Crown Court?
A Circuit Judge sitting with two lay magistrates.
Can fresh evidence be called in an appeal?
Yes, it can. It is a new re-hearing of the case.
In an appeal to the Crown Court, what sentencing powers do they have?
The same as the original magistrates had when it was tried in the Magistrates’ Court.
Where do ‘red judges’ sit?
In the High Court of Justice
What is an appeal by way of case stated?
An appeal to the High Court where the magistrates have misinterpreted a point of law or evidence.
What must an appellant submit to the Magistrates’ Court if they intend to appeal by way of case stated?
A statement of case, including:
- charge
- findings of fact
- points of law raised
- decision on points of law
- questions to be decided by the Divisional Court
When must appeals to the Crown Court and appeals to the High Court be submitted by?
From 21 days of conviction
How many judges will appear on the by way of case stated KBD?
At least 2 judges
What is a judicial review trial?
To review a process by which a decision has been made against a public body, such as the police or CPS.
How long does the appellant have to made the application for judicial review?
3 months from the decision made
On which 3 basis can judicial review be brought around the making of the decision?
Illegality
Irrationality
Procedural irregularity
Which case is relevant for Irrationality for judicial review?
Wednesbury Corporation - the test that the decision must be so unreasonable that no reasonable body would ever consider taking it.
What are the three orders that can be requested in judicial review?
Prohibiting order
Quashing order
Mandatory order
What are the 4 steps in the process of judicial review?
- Applicant gets permission
- Applicant serves notice of motion
(If parties agree, Consent Order of what will be revisited) - Defendant submits contesting written grounds within 35 days
- Hearing is held
What is the CACD?
Court of Appeal Criminal Division
If legal aid counsel doesn’t agree with an appeal, how long do you have to wait until you can get a second opinion?
6 months
Is there an automatic right of appeal following conviction and sentence at the Crown Court?
No, only in Magistrates’ Court. You need leave to appeal.
Who grants leave to appeal?
The Court of Appeal.
When do applications to appeal to the CoA from the CC have ot be lodged?
Within 28 days with the Registrar of the CoA.
What is Form NG?
Notice of Grounds, used when appealing to the CoA
What is the right way of stating that a sentence is too long?
It is ‘manifestly excessive’, meaning it is outside the sentencing range in the guidelines.
When can fresh evidence create grounds for an appeal in the CoA?
If it is:
- capable of belief
- capable of forming grounds of appeal
- it would have been admissible in the original trial
- there is a reasonable explanation why it wasn’t included originally.
Who reviews the CoA appeals?
A single judge of the CoA.
What needs to happen to appeal to the CoA?
- Counsel must advise in favour of appeal
- Within 28 days of sentence, complete Form NG and send to CoA with
- grounds prepared by Counsel
- transcript of hearing - Single Judge considers whether or not to grant leave to appeal
What happens if the CoA refuses leave to appeal?
The appellant has a further 14 days to serve notice that they wish to renew the application for review by Full CoA, not just one judge.
How much would a person who has appealed against sentence to the Crown Court from the Magistrates’ Court have to make a one off payment of, if they abandon their appeal against sentence?
Answer: £250 - against sentence/ancillary order
Extras:
£250 - against conviction but sentence is reduced
£500 - against conviction
What is an abuse of process?
Where the police/prosecution have behaved improperly and the case should not proceed.
What is the CCRC?
Criminal Cases Review Commission, investigates potential miscarriages of justice.
What is the minimum and max of judges in the Supreme Court?
5 to 11
What is transferred malice?
When an intention to harm one individual mistakenly results in harm to a different person, the perpetrator is still responsible for the crime.
