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Crime 28 - Crown Court appeals > Crime Syllabus 28 > Flashcards

Crime Syllabus 28 Flashcards

1
Q

(CC) Appeals

Methods

A 
(CC) = Rectify mistakes
(CA) = (CC) Appeal
(SC) = (CA) Appeal
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2
Q

(CC) Rectify mistakes

WHAT + WHO

A

Sentence OR Order

Same trial Judge

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3
Q

(CC) Rectify mistakes

Time

A

56 days from sentence

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4
Q

(CC) Rectify mistakes

Result

A 
Vary = Length
Change = Type
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5
Q

(CC) - (CA) Appeal

WHY

A

Appeal = C + S

(SC) ‘Leave to Appeal’

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6
Q

(CC) - (CA) Appeal

Court consider

A

Interest of justice

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7
Q

(CC) - (CA) Appeal

Conviction - Statutory basis

A

Safety test
SHALL Allow appeal,
if think conviction is unsafe.
SHALL dismiss other case

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8
Q

(CC) - (CA) Appeal

Sentence

A 
Defect in procedure
Error in law
Wrong in principle
Excessive (Range)
Sense of grievance = Indication; Co-Defendant
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9
Q

(CC) - (CA) Appeal

(D) Right

A

NO Automatic right

Leave to appeal

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10
Q

(CC) - (CA) Appeal

(D) Method

A

Certificate ‘Fit for Appeal’

Application ‘Leave to Appeal’

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11
Q

(CC) - (CA) Appeal

Certificate ‘Fit for Appeal’

A

Trial Judge
Provided within 28 days
Exceptional circumstances

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12
Q

(CC) - (CA) Appeal

Application details

A 
(CC) Final determination
Facts
Grounds
Prospect of success
Transcripts required
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13
Q

(CC) - (CA) Appeal

Grounds

A 
Indictment defects
Inappropriate legal advice
Evidence
New evidence
Reject ‘NO case to answer’
Judge conduct
Misdirection
Inconsistent verdict
Conviction
Sentence
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14
Q

(CC) - (CA) Appeal

Grounds - Indictment defects

A

Duplicity

Counts incorrectly joined

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15
Q

(CC) - (CA) Appeal

Grounds - Evidence

A

Admission OR exclusion

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16
Q

(CC) - (CA) Appeal

Grounds - New evidence

A

Court discretion
Relevant
Admissible
Interest of justice

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17
Q

(CC) - (CA) Appeal

Grounds - Judge conduct

A

Improper remarks

Bias comments

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18
Q

(CC) - (CA) Appeal

Grounds - Misdirection

A

Facts

Law

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19
Q

(CC) - (CA) Appeal

Grounds - Inconsistent verdict

A

Jury misconduct

Unreasonable conclusion

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20
Q

(CC) - (CA) Appeal

Application - Transcripts

A 
Evidence
Rulings of law
Summing up
Directions
Sentencing remarks
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21
Q

(CC) - (CA) Appeal

Application - Perfection

A

Identify issues

ADD Transcripts to ‘Appeal’

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22
Q

(CC) - (CA) Appeal

Application - Process

A 
Application
Serve on (CC) Officer
Register of Criminal Appeals
Transcripts
‘On papers’
Renewed application
Leave to appeal
23
Q

(CC) - (CA) Appeal

Application - ‘On papers’

A

Single Judge
MAY Require = Response (P) OR (AG)
Decision = Accept; Refuse

24
Q

(CC) - (CA) Appeal

‘On papers’ - Time

A

28 days from decision

Extension = MUST Good reason

25
Q

(CC) - (CA) Appeal

Application - Renewed

A

Full Court = 3 Judges

Decision = Accept; Refuse

26
Q

(CC) - (CA) Appeal

Renewed application - Time

A

14 days of refusal

Extension = MUST Good reason

27
Q

(CC) - (CA) Appeal

Hearing - Process

A 
‘Leave to Appeal’
(D) Case summary
Skeleton arguments
Hearing
Decision
28
Q

(CC) - (CA) Appeal

Skeleton - WHAT

A

Argued points

Authorities

29
Q

(CC) - (CA) Appeal

Skeleton - Time

A

(D) 14 days before hearing

(P) 21 days before hearing

30
Q

(CC) - (CA) Appeal

Hearing - Full Court

A 
Conviction = 3, 5 OR 7 Judges
Sentence = 2 Judges
31
Q

(CC) - (CA) Appeal

Decision - Conviction

A 
Dismiss
Re-trial
Alternative offence
Quash
Loss of time direction
32
Q

(CC) - (CA) Appeal

Alternative offence

A

Count on indictment
IF Evidence prove guilt
IF Jury could find guilty

33
Q

(CC) - (CA) Appeal

Decision - Sentence

A

Dismiss
Decrease NOT Increase
Quash
Loss of time direction

34
Q

Loss of time

Direction - WHAT

A

Time in custody = NOT counted

35
Q

Loss of time

Purpose

A

Disincentive to appeal

36
Q

Loss of time

Grounds

A

Wholly without merit
Frivolous
Vexatious

37
Q

(CC) - (CA) Appeal

(P) Appeal

A

Exceptional circumstances
Terminating rulings
Evidence rulings

38
Q

(CC) - (CA) Appeal

Terminating rulings

A

NO Case to answer

Ruling = Detrimental to proceedings

39
Q

(CC) - (CA) Appeal

Evidence rulings

A

Admission OR Exclusion

Ruling = Significant weaken (P) case

40
Q

(CC) - (CA) Appeal

(P) Method

A

Court announcement = Oral; Judge

Request adjournment = Written; ALL Parties

41
Q

(CC) - (SC) Appeal

Supreme Court - WHAT

A

Replaced House of Lords (HoL)

42
Q

(CC) - (SC) Appeal

Appeal - WHO

A

(D) OR (P)

43
Q

(CC) - (SC) Appeal

Appeal - Time

A

28 days of (CA) decision

44
Q

(CC) - (SC) Appeal

Required

A

Leave to Appeal’
Point of law
General public importance

45
Q

(CC) - (SC) Appeal

Appeal - Result

A

Dismiss
Decision (as CA)
Remit to (CA)

46
Q

(CC) - (SC) Appeal

Panel

A

‘On papers’ = NOT Breach Article 6 ECHR

3 Judges

47
Q

AG Reference - (CA)

TYPES

A

Point of law

Unduly lenient sentence

48
Q

AG Reference - (CA)

Point of law

A

After acquittal
Opinion required
Clarify proceedings OR law
NOT Challenge decision

49
Q

AG Reference - (CA)

Lenient sentence

A

ONLY = EW / Indictable
Judge erred in law
Sentence required

50
Q

AG Reference - (CA)

Required

A

Leave to appeal

28 days from decision

51
Q

CCRC - (CA)

WHAT

A

Criminal Cases Review Commission
Public body
Examine miscarriages of justice

52
Q

CCRC - (CA)

References

A 
(CC) = Summary conviction; Sentence
(CA) = Conviction on indictment; Sentence
53
Q

CCRC - (CA)

Required

A

Register notify parties

Real possibility to quash

Crime 28 - Crown Court appeals (1 decks)

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