Chapter 10: Appeals Procedure Flashcards
What may a defendant do if they are not satisfied with the outcome of their case?
They may opt to appeal their conviction or their sentence
When may a defendant appeal from the Magistrates’ Court to the Crown Court?
The defendant has a right to appeal against either conviction or sentence.
A defendant who has pleaded guilty may appeal to the Crown Court only against sentence.
What is the procedure for appealing if the defendant wishes to appeal from the Magistrates’ Court to the Crown Court?
The defendant must lodge a written notice of appeal with the convicting/sentencing court within 15 business days.
There is no requirement to set out the basis of appeal as the court has no power to decline jurisdiction.
However, it is usual practice to set out the grounds of appeal.
Who will an appeal to the Crown Court from the Magistrates’ Court be heard by?
Matter is heard by a Crown Court judge supported by at least 2, and no more than 4, magistrates.
What happens at an appeal to the Crown Court from the Magistrates’ Court?
It constitutes a complete rehearing, which means new evidence can be called
What sentencing powers do the Crown Court have at an appeal hearing from the Magistrates’ Court?
The Crown Court has the power to increase as well as reduce the sentence imposed, although they are restricted to the sentencing powers of the Magistrates’ Court.
What can the Crown Court do if an appeal from the Magistrates’ Court is unsuccessful?
The Court can impose a costs order on the defendant should the appeal be unsuccessful
Who may appeal from the Magistrates’ Court to the Divisional Court (High Court) by way of case stated?
Both the prosecution + the defendant may appeal from the Magistrates’ Court to the Divisional Court (High Court) by way of case stated
What grounds must an appeal from the Magistrates’ Court to the Divisional Court (High Court) by way of case stated be on?
The appeal must be on the ground that the decision is wrong in law or in excess of jurisdiction.
When must an application for appeal from the Magistrates’ Court to the Divisional Court (High Court) by way of case stated be made by? Requirements?
The application must be made in writing within 21 days of the decision that is appealed to the convicting/sentencing Magistrates’ Court, and it must include the point of law subject to the appeal
Who hears an appeal from the Magistrates Court to the Divisional Court (High Court) by way of case stated?
The appeal is heard by 3 judges
What happens at an appeal hearing at the Divisional Court (High Court) by way of case stated?
Only legal arguments will be made.
There will be no rehearing of evidence
What is required for the defendant to be able to appeal from the Crown Court against conviction and sentence to the Court of Appeal?
The defendant must obtain leave to appeal as a first step.
This can be granted either by the trial judge or the Court of Appeal itself.
What must be done if a defendant seeks leave from the Court of Appeal when appealing from the Crown Court?
They must lodge a notice for application of leave to appeal within 28 days of the decision with the convicting/sentencing court.
What happens once permission is requested for appeal from the Crown Court to the Court of Appeal?
The Crown Court will send the appeal to the Court of Appeal, where a single judge will decide whether leave to appeal should be granted.
If refused, the defendant can renew the application to the full court
What is needed for a defendant to appeal against conviction from the Crown Court?
A defendant can appeal a conviction only on the ground that it is ‘unsafe’.
When may a conviction be unsafe?
A conviction may be unsafe if, e.g.,:
i. evidence was wrongly admitted or excluded,
ii. a direction was wrongly given or omitted,
iii. the conduct of the trial judge demonstrated obvious bias,
iv. there was wrongful exercise of discretion,
v. there were errors in summing up, or
vi. there were problems relating to the jury.
What can the Court of Appeal do when hearing an appeal against conviction from the Crown Court?
They can:
i. quash the conviction and order either acquittal or a retrial,
ii. find the defendant guilty of some offences but not others,
iii. find the defendant guilty of alternative offences, or
iv. dismiss the appeal
What can an appeal against sentence from the Crown Court be based on?
An appeal against sentence can be made on the basis that the sentence was:
i. wrong in law,
ii. wrong in principle, or
iii. manifestly excessive
What can the Court of Appeal do when hearing an appeal against sentence from the Crown Court?
The Court of Appeal can:
i. quash any sentence imposed by the Crown Court, and
iii. impose any sentence it deems appropriate.
However, it cannot exceed the sentence imposed by the Crown Court.
Any new sentence imposed by the Court of Appeal will be deemed to have been imposed at the original sentencing date, which means any further time spent in custody pending appeal will be taken into consideration
When can the prosecution appeal a Crown Court decision?
The prosecution cannot appeal a decision by the jury to acquit a defendant, but it can appeal rulings made by the judge during the course of the trial.
When may the Attorney General refer a case to the Court of Appeal?
If they feel a sentence passed was unduly lenient and permission is granted by the Court of Appeal itself
When can a decision of the Court of Appeal be appealed to the Supreme Court?
A decision of the Court of Appeal can be appealed to the Supreme Court by the defendant or prosecution only if:
- The Court of Appeal or the Supreme Court grant leave to appeal and,
- The Court of Appeal certifies that a point of law of general public importance is involved
