Chapter 7 - Appeals and the Correction of Miscarriages of Justice Flashcards
To which court is there an appeal from family proceedings in the magistrates’ courts?
To the county court.
What is the general rule on first appeals from judges of the county courts?
The general rule is that a first appeal lies to the next level of judge in the court hierarchy. Thus, in a county court an appeal normally lies from a first instance decision of a district judge to a circuit judge, and from a first instance decision of a circuit judge to a High Court judge.
What is the general rule on obtaining permission to appeal?
Permission to appeal can be obtained either from ‘the lower court’ (the court from whose decision it is sought to appeal) or from ‘the appeal court’ (the court which will hear a first appeal if permission to appeal is granted).
Explain the availability of appeal from the Employment Appeal Tribunal.
On points of law, appeals from the Employment Appeal Tribunal lie to the Court of Appeal, civil division.
On questions of fact, the decision of the Tribunal is final (except in a case of committal for contempt of court) and is not subject to the Court of Appeal.
To which court(s) is there an appeal from summary criminal proceedings in the magistrates’ courts?
An appeal may lie from the magistrates’ court to the Crown Court or, by way of case stated, to the Queen’s Bench Division of the High Court.
Under what circumstances can the defendant appeal to the Court of Appeal following conviction in the Crown Court?
Against conviction in the Crown Court, the defendant can appeal to the Court of Appeal, criminal division, but only with leave of the Court of Appeal or if the trial judge, within 28 days from the date of the conviction, grants a certificate that the case is fit for appeal.
What is the “double jeopardy” rule, and what exception to it has existed since 2005?
The “double jeopardy” rule prevents the risk of a retrial for the same offence hanging over a defendant who has already been either acquitted or convicted of it.
The Criminal Justice Act 2003 changed the double jeopardy rule by allowing retrials in respect of a number of serious offences where ‘new and compelling’ evidence has come to light since a defendant’s acquittal.
On what ground is the Court of Appeal to allow an appeal under section 2(1) of the Criminal Appeal Act 1968?
Subject to the provisions of this Act, the Court of Appeal shall only allow an appeal against conviction if they think that the conviction is unsafe (= based on unreliable evidence).
The referring of a criminal conviction or sentence to the Court of Appeal for review was formerly the responsibility of which officer, and is now the responsibility of which body?
It was formerly the responsibility of the Home Secretary and is now the responsibility of the Criminal Cases Review Commission.
What is the appropriate procedure for challenging a refusal to refer such a case to the Court of Appeal?
The appropriate procedure is an application for judicial review.
Judicial review is the procedure by which you can seek to challenge the decision, action or failure to act of a public body such as a government department or a local authority or other body exercising a public law function. If you are challenging the decision of a court, the jurisdiction of judicial review extends only to decisions of inferior courts. It does not extend to decisions of the High Court or Court of Appeal.
What is the effect of a “free pardon”?
A free pardon (–> Secretary of State for Justice) relieves the defendant from all penalties and punishments resulting from the conviction.
In broad terms, what change was made to the scheme for the payment of compensation to the victims of miscarriages of justice by the Criminal Justice Act 1988?
The Criminal Justice Act 1988 introduced a statutory scheme of compensation for the victims of miscarriages of justice.
Prior to 1988, a person who was pardoned, or whose conviction was quashed, had no right to compensation (though he might have been granted an ex gratia payment in recognition of hardship suffered).
