Criminal Appeal System Flashcards
What are the two avenues of appeal from Magistrates?
To Crown Court, to the Queen’s Bench Divisional Court
Who is the appeal from Magistrates to Crown Court available to?
Only the defence
What is the reason for an appeal from Magistrates to Crown Court
Against sentence or conviction
Is a further appeal available from Magistrates to Crown Court?
Usually no
Possible appeal to Supreme
What can the result of an appeal from Magistrates to Crown Court be?
Appeal quashed, confirm appeal or remit case back to Magistrates
Who is the appeal from Magistrates to Queen’s Bench Divisional Court available to?
Prosecution and the defence
What is the reason for an appeal from Magistrates to Queen’s Bench Divisional Court?
On a point of law
Who is the appeal heard by from Magistrates to Queen’s Bench Divisional Court?
Panel of two or three High Court Judges.
Is a further appeal available from Magistrates to Queen’s Bench Divisional Court?
Possible appeal by prosecution or defence to Supreme Court on a point of law or public importance
What can the result of an appeal from Magistrates to Queen’s Bench Divisional Court be?
Appeal quashed, confirm appeal or remit case back to Magistrates court.
What are the two avenues of appeal from Crown Court 1?
To Court of Appeal (1), Court of Appeal (2)
Who is the appeal from the Crown Court to Court of Appeal 1 available to?
Defendant
What can the reason for appeal be from Crown Court to Court of Appeal 1?
Against sentence and/or unsafe conviction
Is a further appeal from Crown Court to Court of Appeal 1 available?
Rare but possible to Supreme Court
Where is an appeal from Crown Court to Court of Appeal 1 heard?
Court of Appeal within 6 months of conviction and with permission
