Criminal 6: Appeals Flashcards
Who can appeal from the MC to CC
D against sentence (on basis its excessive) or conviction (on law or fact)
NOT prosecution
Procedure for appealing from MC to CC
- D file notice of appeal with MC and CPS within 15 business days from sentence
- MC clerk will send the notice to the relevant CC who’ll arrange a date for the hearing
If D is appealing from MC to CC, what happens if they are funded via representation order
need separate one to cover hearing of appeal but original covers preparing notice of appeal
Is there a presumption for bail when appealing from MC to CC
No but can be granted.
If MC doesnt grant bail, D may apply to CC
Powers of CC following appeal from MC
Confirm, reverse or vary the decision
Impose any sentence MC could have imposed
Who can appeal from the MC to HC (KBD)
Either side on point of law by way of case stated or bc MC exceeded juristiction
Common arguments on appeal from MC to HC
magistrates:
(a) misread, misunderstood or misapplied the law;
(b) didnt have the jurisdiction to hear case
(c) made errors in deciding the admissibility or otherwise of evidence; (d)erred in their decision following a submission of no case to answer.
Procedure for appeal from MC to HC
- apply to MC within 21d decision in writing to MC clerk
- Magistrates ‘state a case’ for the opinion of the High Court (clerk preps draft statement of case, sent to parties and sends final version to party appealing who lodges with HC)
Who is the hearing before on appeal from MC to HC
Heard by Divisional Court of Kings Bench Division normally by 3 judges
What is a hearing confined to on appeal from MC to HC
legal argument on agreed facts in statement of case
What does the HC have the power to do on appeal from the MC
□ Reverse/Vary/Affirm MC decision
□ Remit case back to same MC with direction to aquit or convict
□ Remit to different bench of MC if case needs to be reheard
Who can appeal from the HC to SC?
Either side by way of case stated on a point of law HC has certified is of general public importance with leave from HC or SC
Who may appeal from the CC to CoA?
D against sentence or ‘unsafe’ conviction if CoA grants leave or trial judge grants a certificate that the case is fit for appeal
Prosecution if A-G considers sentence unduly lenient or against termination or evidential rulings
When is the ONLY time an appeal against conviction can be made from the CC to CoA
if conviction is unsafe, appeal MUST be dismissed otherwise
Implications of CoA only accepting appeals against ‘unsafe’ convictions
-Conviction may be upheld even if error/mistake if CoA considers had mistake not been made, only correct/reasonable verdict would be guilty
-May allow appeal and quash conviction even if D did offence if there was an abuse of process by police/prosecuting authorities (eg. bugging convo with sol)