CLP Appeals CC --> CA

Question 1

Appeal against a conviction in the Crown Court - Court of Appeal

Answer 1

The court can only allow an appeal if they think that…

1. The conviction is unsafe and shall dismiss an appeal in any other case

Question 2

What would amount to an unsafe conviction (e.g., miscarriage of justice)?

Answer 2

• Wrongful admission of evidence / submission of no case to answer
• Fresh evidence casting doubt on D’s guilt
• Conduct of trial judge
• Failed to take self-defence into account
• Failed to consider D’s good character
• Failure to give caution on ID evidence
• Failure to give proper warning of adverse inferences.
• A legal ruling by the trial judge that was defective
• A procedural problem with the jury
• A problem with jury selection or conduct
• A misdirection by the judge to the jury on the summing up.
• Prosecution misconduct
• Disclosure failings by the prosecution
• Failures in representation by defence lawyers
• A defective indictment
• Fresh evidence

Question 3

Appeal against sentence (CC –> CA)

Answer 3

1. The sentence is manifestly excessive

• The judge failed to take into account a relevant factor
• The judge took into account an irrelevant factor
• Failure to grant appropriate credit for guilty plea
• Failure to properly apply sentencing guidelines