CLP

Question 1

APPEAL

What are the 3 principal grounds for appeal to HC for JR?

Answer 1

1. Error of law on face of the records
2. Excess of jurisdiction
3. Breach of natural justice

Question 2

APPEAL (MC TO CC)

When must a notice of appeal be lodged for an appeal to CC? Will it differ for appeal of sentence/conviction? What happens if served after deadline?

Answer 2

• Must be lodged within 15 business days of sentence for both appeal of conviction and sentence
• If served after deadline must submit notice with application for extension providing explanation/reasons for delay

Question 3

APPEALS (CC TO COA)

Summarise the timeline for an appeal to CoA from CC

Answer 3

Before starting appeal: leave not needed if trial judges certifies cases as ‘fit for appeal’ (rare as means judge admitting they could have made an error)

1. Notice of appeal served on Registrar of Criminal Division of CoA within 28 days from the date of the conviction/sentence
2. Registrar either sends to single judge or directly to full panel - if refused appellant can renew appeal from single to full panel within 10 business days
3. Where leave granted/appeal renewed/initially referred to full panel, matter is listed for appeal before 2 judges (sentence) or 3 judges (conviction)

Question 4

RIGHTS OF AUDIENCE/APPEAL

When will a solicitor have rights of audience in the CC?

Answer 4

1. Where they have obtained the Higher Rights of Audience Qualification
2. Where the solicitor acted in the original trial which has been appealed to the CC

Question 5

In which courts may a circuit judge sit?

Answer 5

Crown Court and County Court

CJ may sit in CC and CC