CLP 7 - Appeals Crown Flashcards
Does the Crown Court have its own ‘slip rule’?
Yes
What are the conditions for the ‘slip rule’ in the crown court? How long has the judge got?
Yes, allows a judge to vary or rescind a sentence (or other order) within 56 days of it being made.
Who can vary a sentence or order under the Crown Court ‘slip rule’?
- 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.
Is the use of the slip rule is limited to amending the length of the sentence or correcting minor technical errors?
No, it also permits amending the type of sentence or requirements attached to a community based sentence.
Is leave required to appeal from the Crown Court?
Yes, either from the CC or the CofA
What type of defence appeals are allowed from the Crown Court to the Court of Appeal?
a) Appeals against conviction on indictment;
b) Appeals against sentence passed following conviction on indictment;
c) Appeals against sentence passed on committal for sentence;
If leave is sought by the defence from the CofA to appeal to the CofA, what is the first hurdle the defence must clear?
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.
What options are available to the single judge who first reviews an appeal from the Crown Court to the CofA?
- grant the application wholly or in part;
- refuse the application;
- refer it to the full Court of Appeal without granting leave.
What if leave is refused by the single CofA judge (or some grounds refused)
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
How many judges sit in the CofA for a sentence appeal?
2
How many judges sit on the CofA for a conviction appeal?
3
What if the single judge refuses leave on some or all of the grounds? And what are the time limits?
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
Is an appeal from the Crown Court to the CofA always considered by a single judge before going to full court.
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.
What is the time limit for making an appeal to the CofA from the Crown Court
The notice must be served
- within 28 days of the conviction, in conviction appeals, and
- within 28 days of sentence, in sentence appeals.
If Skeleton arguments are required when will they need to be provided
Appellant - 21 days before hearing
Respondent - 14 days before hearing
Who will advise and draft the appeal?
Counsel
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?
14 days
Once grounds are perfected (or the court is told that counsel will not be perfecting grounds), what do the prosecution do next?
File a Responder Notice
What are the grounds for a defence appeal to the CofA from the Crown Court?
- 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)
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) 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.
Can the defence appeal from Crown Court to the CofA if the defendant pleased guilty in the Crown Court?
Yes
Where the defence make an appeal from the Crown Court to the CofA, what are the CofA’s powers in relation to conviction?
- 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.
Where the defence make an appeal from the Crown Court to the CofA, what are the CofA’s powers in relation to sentence?
- 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.
What are the sanctions for the defence making an appeal to the CofA from the Crown Court if the appeal was wholly without merit?
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.
