Criminal Appeals

Question 1

What is the Defence appeal route for the Magistrates’ Court?

Answer 1

-appeal made to Crown Court regarding facts or sentence

-reheard by Circuit Judge and 2 magistrates
>uphold conviction
>quash conviction
>vary sentence

-wish to increase, cannot exceed Magistrates jurisdiction

-point of law evident, sent to King’s Bench Division of High Court for consideration

Question 2

What is the Prosecution appeal route for the Magistrates’ Court?

Answer 2

-Point of law by way of case stated

-Appeal from Magistrates’ Court to King’s Bench Division of High Court

-High Court judge can:
>retry
>remit
>confirm decision
>reverse decision
>acquit defendant
>change charge

-final appeal High Court -> Supreme Court
>point of law of general public importance
>requires leave granted by HC judge or SC

Question 3

What is the Defence appeal route for the Crown Court?

Answer 3

-trial at Crown Court, appeal under Criminal Appeals Act 1995, unsafe conviction

-appeal goes to Court of Appeal
>vary sentence
>order retrial
>quash conviction
>vary offence

-Appeal on facts requires substantial new evidence and leave

-Criminal Case Review Commission can ask Court of Appeal to grant an appeal due to miscarriage of justice

-Appeal can be made regarding law; judge misdirected jury, sentence too harsh

-Human rights -> ECHR

-Supreme Court may refer a case concerning European Law to Court of Justice of EU for a decision (article 267 referral - criminal)

Question 4

What is the Prosecution appeal route for the Crown Court?

Answer 4

-AG appeal to Court of Appeal against a lenient sentence under Criminal Justice Act 1988 to get sentence increased

-AG make AG reference to CA under Criminal Justice Act 1972, defendant acquitted by jury and AG believes law needs to change for future cases

-Appeal made to quash an acquittal under Criminal Justice Act 2003, made to CA, needs compelling new evidence

-Appeal under Criminal Procedure and Investigations Act 1996 to High Court
>quash acquittal due to jury/witness tampering

-final appeal made by defence + prosecution to Supreme Court, point of law of general public important, requires leave granted by CA or SC