Crime Syllabus 28 Flashcards by Jack Brainscape

(CC) Appeals

Methods

(CC) = Rectify mistakes
(CA) = (CC) Appeal
(SC) = (CA) Appeal

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(CC) Rectify mistakes

WHAT + WHO

Sentence OR Order

Same trial Judge

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(CC) Rectify mistakes

Time

56 days from sentence

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(CC) Rectify mistakes

Result

Vary = Length
Change = Type

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(CC) - (CA) Appeal

WHY

Appeal = C + S

(SC) ‘Leave to Appeal’

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(CC) - (CA) Appeal

Court consider

Interest of justice

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(CC) - (CA) Appeal

Conviction - Statutory basis

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

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(CC) - (CA) Appeal

Sentence

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

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(CC) - (CA) Appeal

(D) Right

NO Automatic right

Leave to appeal

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(CC) - (CA) Appeal

(D) Method

Certificate ‘Fit for Appeal’

Application ‘Leave to Appeal’

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(CC) - (CA) Appeal

Certificate ‘Fit for Appeal’

Trial Judge
Provided within 28 days
Exceptional circumstances

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(CC) - (CA) Appeal

Application details

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

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(CC) - (CA) Appeal

Grounds

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

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(CC) - (CA) Appeal

Grounds - Indictment defects

Duplicity

Counts incorrectly joined

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(CC) - (CA) Appeal

Grounds - Evidence

Admission OR exclusion

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(CC) - (CA) Appeal

Grounds - New evidence

Court discretion
Relevant
Admissible
Interest of justice

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(CC) - (CA) Appeal

Grounds - Judge conduct

Improper remarks

Bias comments

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(CC) - (CA) Appeal

Grounds - Misdirection

Facts

Law

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(CC) - (CA) Appeal

Grounds - Inconsistent verdict

Jury misconduct

Unreasonable conclusion

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(CC) - (CA) Appeal

Application - Transcripts

Evidence
Rulings of law
Summing up
Directions
Sentencing remarks

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(CC) - (CA) Appeal

Application - Perfection

Identify issues

ADD Transcripts to ‘Appeal’

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(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