Crime Syllabus 28 Flashcards
(CC) Appeals
Methods
(CC) = Rectify mistakes (CA) = (CC) Appeal (SC) = (CA) Appeal
(CC) Rectify mistakes
WHAT + WHO
Sentence OR Order
Same trial Judge
(CC) Rectify mistakes
Time
56 days from sentence
(CC) Rectify mistakes
Result
Vary = Length Change = Type
(CC) - (CA) Appeal
WHY
Appeal = C + S
(SC) ‘Leave to Appeal’
(CC) - (CA) Appeal
Court consider
Interest of justice
(CC) - (CA) Appeal
Conviction - Statutory basis
Safety test
SHALL Allow appeal,
if think conviction is unsafe.
SHALL dismiss other case
(CC) - (CA) Appeal
Sentence
Defect in procedure Error in law Wrong in principle Excessive (Range) Sense of grievance = Indication; Co-Defendant
(CC) - (CA) Appeal
(D) Right
NO Automatic right
Leave to appeal
(CC) - (CA) Appeal
(D) Method
Certificate ‘Fit for Appeal’
Application ‘Leave to Appeal’
(CC) - (CA) Appeal
Certificate ‘Fit for Appeal’
Trial Judge
Provided within 28 days
Exceptional circumstances
(CC) - (CA) Appeal
Application details
(CC) Final determination Facts Grounds Prospect of success Transcripts required
(CC) - (CA) Appeal
Grounds
Indictment defects Inappropriate legal advice Evidence New evidence Reject ‘NO case to answer’ Judge conduct Misdirection Inconsistent verdict Conviction Sentence
(CC) - (CA) Appeal
Grounds - Indictment defects
Duplicity
Counts incorrectly joined
(CC) - (CA) Appeal
Grounds - Evidence
Admission OR exclusion
(CC) - (CA) Appeal
Grounds - New evidence
Court discretion
Relevant
Admissible
Interest of justice
(CC) - (CA) Appeal
Grounds - Judge conduct
Improper remarks
Bias comments
(CC) - (CA) Appeal
Grounds - Misdirection
Facts
Law
(CC) - (CA) Appeal
Grounds - Inconsistent verdict
Jury misconduct
Unreasonable conclusion
(CC) - (CA) Appeal
Application - Transcripts
Evidence Rulings of law Summing up Directions Sentencing remarks
(CC) - (CA) Appeal
Application - Perfection
Identify issues
ADD Transcripts to ‘Appeal’
(CC) - (CA) Appeal
Application - Process
Application Serve on (CC) Officer Register of Criminal Appeals Transcripts ‘On papers’ Renewed application Leave to appeal
(CC) - (CA) Appeal
Application - ‘On papers’
Single Judge
MAY Require = Response (P) OR (AG)
Decision = Accept; Refuse
(CC) - (CA) Appeal
‘On papers’ - Time
28 days from decision
Extension = MUST Good reason
(CC) - (CA) Appeal
Application - Renewed
Full Court = 3 Judges
Decision = Accept; Refuse
(CC) - (CA) Appeal
Renewed application - Time
14 days of refusal
Extension = MUST Good reason
(CC) - (CA) Appeal
Hearing - Process
‘Leave to Appeal’ (D) Case summary Skeleton arguments Hearing Decision
(CC) - (CA) Appeal
Skeleton - WHAT
Argued points
Authorities
(CC) - (CA) Appeal
Skeleton - Time
(D) 14 days before hearing
(P) 21 days before hearing
(CC) - (CA) Appeal
Hearing - Full Court
Conviction = 3, 5 OR 7 Judges Sentence = 2 Judges
(CC) - (CA) Appeal
Decision - Conviction
Dismiss Re-trial Alternative offence Quash Loss of time direction
(CC) - (CA) Appeal
Alternative offence
Count on indictment
IF Evidence prove guilt
IF Jury could find guilty
(CC) - (CA) Appeal
Decision - Sentence
Dismiss
Decrease NOT Increase
Quash
Loss of time direction
Loss of time
Direction - WHAT
Time in custody = NOT counted
Loss of time
Purpose
Disincentive to appeal
Loss of time
Grounds
Wholly without merit
Frivolous
Vexatious
(CC) - (CA) Appeal
(P) Appeal
Exceptional circumstances
Terminating rulings
Evidence rulings
(CC) - (CA) Appeal
Terminating rulings
NO Case to answer
Ruling = Detrimental to proceedings
(CC) - (CA) Appeal
Evidence rulings
Admission OR Exclusion
Ruling = Significant weaken (P) case
(CC) - (CA) Appeal
(P) Method
Court announcement = Oral; Judge
Request adjournment = Written; ALL Parties
(CC) - (SC) Appeal
Supreme Court - WHAT
Replaced House of Lords (HoL)
(CC) - (SC) Appeal
Appeal - WHO
(D) OR (P)
(CC) - (SC) Appeal
Appeal - Time
28 days of (CA) decision
(CC) - (SC) Appeal
Required
Leave to Appeal’
Point of law
General public importance
(CC) - (SC) Appeal
Appeal - Result
Dismiss
Decision (as CA)
Remit to (CA)
(CC) - (SC) Appeal
Panel
‘On papers’ = NOT Breach Article 6 ECHR
3 Judges
AG Reference - (CA)
TYPES
Point of law
Unduly lenient sentence
AG Reference - (CA)
Point of law
After acquittal
Opinion required
Clarify proceedings OR law
NOT Challenge decision
AG Reference - (CA)
Lenient sentence
ONLY = EW / Indictable
Judge erred in law
Sentence required
AG Reference - (CA)
Required
Leave to appeal
28 days from decision
CCRC - (CA)
WHAT
Criminal Cases Review Commission
Public body
Examine miscarriages of justice
CCRC - (CA)
References
(CC) = Summary conviction; Sentence (CA) = Conviction on indictment; Sentence
CCRC - (CA)
Required
Register notify parties
Real possibility to quash
