Criminal Appeals Flashcards
In what circumstances can a defendant convicted in the Magistrates’ Court appeal?
If they pleaded guilty, they may appeal against the sentence.
If they pleaded not guilty they may appeal against conviction and/or sentencing.
Who usually hears appeals from the Magistrates’ Court
The appeal will usually be heard by a recorder or a circuit judge who will sit with an even number of magistrates.
Can the prosecution appeal a decision from the Magistrates’ Court?
The prosecution can only appeal to the High Court on a point of law by way of case stated.
On what basis can a defendant appeal against conviction from the Magistrates?
The magistrates made errors of fact and/or law?
How is an appeal against conviction in the Crown Court conducted?
It is a full rehearing of the case, except new witnesses may be called, and new or different points of law may be relied upon.
On what basis can a defendant appeal against sentencing from the Magistrates?
The sentence imposed by the magistrates is excessive.
How is an appeal against sentencing in the Crown Court conducted?
The Crown Court should carry out a full rehearing of the issues and take an independent view of what
the correct sentence should be, rather than simply reviewing the sentence passed by the
magistrates’ court.
When must a defendant file a notice of appeal from the Magistrates’ Court?
The defendant must file a notice of appeal with both the Magistrates’ Court and the CPS, not more than 15 business days from the magistrate’s passing sentence.
What happens on appeal if the defendant’s case before the Magistrates’ Court was publicly funded?
A separate representation order will be required to cover the hearing of the appeal by the Crown Court.
Any advice and assistance given to the defendant preparing the notice of appeal will be covered by the original representation order.
Is there a presumption of bail for defendants who are appealing?
No
What powers do the Crown Court have on appeal?
The Crown Court may confirm, reverse, or vary the decision. They may impose on the defendant any sentence, as long as it is a sentence that the magistrates’ court had the power to impose.
On what basis may the parties appeal the High Court by way of case stated?
When the decision which has been made by the magistrates is wrong in law or the magistrates have acted outside their jurisdiction.
What are common arguments raised in High Court appeals?
The magistrates misread, misunderstood or misapplied the law;
The magistrates decided to hear a case when they did not have the jurisdiction to hear it
The magistrates made errors in deciding the admissibility or otherwise of evidence;
The magistrates erred in their decision following a submission of no case to answer.
When must a party apply for an appeal to the High Court?
The party must apply to the Magistrates’ Court within 21 days of the relevant decision made by the court.
The application must identify the question of law on which the party seeks the view of the High Court.
What is the role of the magistrates in the application to appeal to the High Court
The clerk to the magistrates will prepare a statement of case that will:
specify the decision on issue
specify the question of law or jurisdiction.
Include a summary of the nature and history of proceedings, the court’s relevant findings of fact and the relevant contentions of the parties.
Any disputed findings by the court and the evidence used to reach that finding.
The statement of case will be agreed upon by the parties and then lodged with the High Court by the appealing party.
How is an appeal in the High Court conducted?
Heard by three judges.
No evidence is given by witnesses and the hearing will be confined to legal argument based on the agreed facts set out in the statement of case.
What powers do the High Court have on appeal?
the High Court has the power to reverse, vary or affirm the decision made by the
magistrates’ court. It may also remit the case back to the same magistrates’ court with a
direction to acquit or convict the defendant, or to remit the case to a different bench of
magistrates (if the case needs to be reheard).
Is appealing to the Crown Court or the High Court better for defendants?
The Crown Court is usually the best approach because it is a much speedier and more effective avenue of appeal.
When can an application for judicial review be made by a defendant or the CPS?
When the magistrates’ court has made an order that they had no power to make (ultra vires) or the magistrates’ court has breached the rules of natural justice.
What are the rights of appeal for a defendant who has been convicted in the Crown Court?
An appeal against conviction if the CoA grants leave to appeal or the trial judge grants a certificate that the case is fit for appeal.
An appeal against sentence if the CoA grants leave to appeal or the trial judge grants a certificate that the case is fit for appeal.
When will an appeal against conviction from the Crown Court be allowed?
When the conviction is unsafe
Can a conviction be upheld on appeal even if there was an error or mistake a the Crown Court trial?
Yes, If the CoA considers that even had the mistake not been made, the correct and only reasonable verdict would have been one of guilty.
Can an appeal be allowed even if the court is satisfied that the defendant did commit the offence for which they were convicted?
Yes, when there has been an abuse of process committed by the police or the prosecuting authorities
What are the common factors for arguing that convictions are unsafe?
A failure by the trial judge to direct the jury correctly
The trial judge wrongfully admitted or excluded evidence.
The trial judge failed to administer the correct warnings to the jury.
Inappropriate interventions by the trial judge.
A failure by the trial judge to sum up the case to the jury properly.
Fresh evidence
