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SQE 1 - FLK2 - CLP > CLP 7 - Appeals Crown > Flashcards

CLP 7 - Appeals Crown Flashcards

1
Q

Does the Crown Court have its own ‘slip rule’?

A

Yes

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2
Q

What are the conditions for the ‘slip rule’ in the crown court? How long has the judge got?

A

Yes, allows a judge to vary or rescind a sentence (or other order) within 56 days of it being made.

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3
Q

Who can vary a sentence or order under the Crown Court ‘slip rule’?

A
  • The judge who passed sentence must be the judge who makes the variation.
  • It can be used following sentence on an appeal from the magistrates’ court.
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4
Q

Is the use of the slip rule is limited to amending the length of the sentence or correcting minor technical errors?

A

No, it also permits amending the type of sentence or requirements attached to a community based sentence.

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5
Q

Is leave required to appeal from the Crown Court?

A

Yes, either from the CC or the CofA

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6
Q

What type of defence appeals are allowed from the Crown Court to the Court of Appeal?

A

a) Appeals against conviction on indictment;

b) Appeals against sentence passed following conviction on indictment;

c) Appeals against sentence passed on committal for sentence;

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7
Q

If leave is sought by the defence from the CofA to appeal to the CofA, what is the first hurdle the defence must clear?

A

Appellants from the Crown Court need to convince a single judge that their appeal is arguable on the merits before it can proceed to an oral hearing.

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8
Q

What options are available to the single judge who first reviews an appeal from the Crown Court to the CofA?

A
  • grant the application wholly or in part;
  • refuse the application;
  • refer it to the full Court of Appeal without granting leave.
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9
Q

What if leave is refused by the single CofA judge (or some grounds refused)

A

Can make an application for Renewal within 14 days of notification of the single judge’s decision. This is then heard orally by 2 or 3 judges

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10
Q

How many judges sit in the CofA for a sentence appeal?

A

2

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11
Q

How many judges sit on the CofA for a conviction appeal?

A

3

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12
Q

What if the single judge refuses leave on some or all of the grounds? And what are the time limits?

A

The appellant can renew the application for leave to appeal within 14 days of receipt of the notification of the single judge’s decision for an oral hearing on whether the application should be allowed before the full court

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13
Q

Is an appeal from the Crown Court to the CofA always considered by a single judge before going to full court.

A

No, the registrar can send straight to the full court if:

  • there is an unlawful sentence which must be amended; or
  • there is a novel point of law.
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14
Q

What is the time limit for making an appeal to the CofA from the Crown Court

A

The notice must be served

  • within 28 days of the conviction, in conviction appeals, and
  • within 28 days of sentence, in sentence appeals.
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15
Q

If Skeleton arguments are required when will they need to be provided

A

Appellant - 21 days before hearing

Respondent - 14 days before hearing

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16
Q

Who will advise and draft the appeal?

A

Counsel

17
Q

If an appeal is made, Counsel will be sent a transcript of the trial. Counsel will then perfect their grounds of appeal. How long do they have to do this?

A

14 days

18
Q

Once grounds are perfected (or the court is told that counsel will not be perfecting grounds), what do the prosecution do next?

A

File a Responder Notice

19
Q

What are the grounds for a defence appeal to the CofA from the Crown Court?

A
  • In an appeal against conviction - unsafe conviction - i.e. error by judge.
  • In an appeal against sentence - i.e. the defendant should have been sentenced differently.
  • fresh evidence if its in the interests of justice to do so (greatly restricted)
20
Q

In a defence appeal from the Crown Court to the CofA, what are the considerations of the CofA if the appeal is on the basis of fresh evidence?

A

a) Whether the evidence appears to be capable of belief;

c) Whether the evidence would have been admissible in the proceedings from which the appeal lies, on an issue which is the subject of an appeal;

b) Whether it appears that the evidence may afford any ground for allowing the appeal;

d) Whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.

21
Q

Can the defence appeal from Crown Court to the CofA if the defendant pleased guilty in the Crown Court?

A

Yes

22
Q

Where the defence make an appeal from the Crown Court to the CofA, what are the CofA’s powers in relation to conviction?

A
  • Quash the conviction.
  • order the appellant to be retried.
  • substitute a verdict of guilty for an alternative offence if:

– the jury would have been able to convict of the alternative offence at trial; and
– the jury must have been satisfied of facts which proved him guilty of the offence.

23
Q

Where the defence make an appeal from the Crown Court to the CofA, what are the CofA’s powers in relation to sentence?

A
  • Quash any sentence or order which is the subject of the appeal; and
  • pass anything they think appropriate as long as court below had power to do it;

AND

  • They must ensure that the appellant is not more severely dealt with on appeal than he was in the court below.
24
Q

What are the sanctions for the defence making an appeal to the CofA from the Crown Court if the appeal was wholly without merit?

A

The Court of Appeal can direct that some or all of the time spent in prison between the date of lodging the appeal and the date of its dismissal may be ordered not to count towards the appellant’s sentence. This is known as a loss of time order.

25
Q

Can the CofA admit fresh evidence

A

Yes from either defence or prosecution if necessary or Expedient in the interests of justice

26
Q

What are the grounds for a prosecution appeal to the CofA from the Crown Court?

A

d) References by the Attorney-General of unduly lenient sentences, for offences triable only on indictment and some either-way offences specified by the Home Secretary;

e) References by the Attorney-General for opinions on points of law following acquittal on indictment -

f) References by the Criminal Cases Review Commission;

g) Prosecution appeals against terminatory rulings;

h) Appeals against rulings made at preparatory hearings in serious fraud cases.

27
Q

What cases can the AG refer where he considers the sentence to be unduly lenient?

A

Indictment only cases of those specified in [legislation].

Sentence can be increased

28
Q

What is the time limit for the AG to bring an ‘unduly lenient’ appeal?

A

28 days

29
Q

Do references by the Attorney-General for opinions on points of law following acquittal on indictment affect the acquittal?

A
  • No
  • The defendant is entitled to be represented at the hearing.
  • The Court of Appeal can refer to the Supreme Court if it sees fit or where either party requests this.
30
Q

The Prosecution can appeal terminatory rulings, What is a terminatory ruling?

A

One against the prosecution that brings the case to an end.

Essentially
- staying proceedings,
- rulings of no case to answer,
- evidential ruling which leaves the prosecution with no case

31
Q

What are the requirements for an appeal against a terminatory ruling?

A
  • The ruling must be made before summing up;
  • The ruling must not be appealable to the Court of Appeal by other means.
  • An acquittal agreement must be given by the prosecution - the prosecution assures that if leave to appeal is refused or the appeal abandoned before it is decided by the Court of Appeal, the defendant will be acquitted on that count(s).
32
Q

What are the timings for an appeal against a terminatory ruling

A
  • apply orally to the judge in the Crown Court
    AND / OR
  • Serve written notice in 7 days in non-expedited cases
  • Serve written notice on the next business day in expedited cases
33
Q

What are preparatory hearings?

A

A form of case management hearing held in long, complex or fraud cases.

Both Defence and Prosecution can appeal against decisions made at a preparatory hearing

34
Q

Who can appeal to the Supreme Court?

A

Defence or Prosecution

35
Q

Is there a right of appeal to the supreme court?

A

No, the CofA or Supreme Court would need certify that the case involved a point of law of general public importance.

36
Q

What are the time limits for an appeal to the supreme court?

A

28 days after the court gives reasons for its decisions; or
14 days for an AG reference case

37
Q

Renewal application to CofA is an oral hearing of the application in front of the full court. True or false

A

True

SQE 1 - FLK2 - CLP (37 decks)

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