criminal appeals Flashcards
what act is appeals under
criminal appeals act 1995
when can d appeal the sentence
if the prosecution is too lenient and defence if too harsh
what will happen if the convictions unsafe
will be quashed
examples when an appeal would be viable
judge misdirected the jury
wrong in the law
new evidence
where is the normal route of appeal
crown court
how does appeal depend on what d plead in the magistrates courts
guilty- can appeal sentence
not guilty - conviction and sentence
at the crown court what is the case reheard by
a judge and two magistrates
what can the crown court do
increase/decrease -if it is increased it can only be increased to the max magistrates can give
find d guilty of a lesser offence
reverse confirm vary
when will it go to KBD hc
if the appellate party believe the magistrates came to the wrong decision because they made a mistake about the law
who sits on the KBD
two high court judges
what can be appealed at the KBD
a point of law
they can reverse vary confirm or remit
can only appeal at the KBD if
permission public importance and point of law
example case from KBD
c v dpp
presumption on criminal responsibility of children age 10-14 they previously had to prove they knew it was wrong COA said times have changed however SC reversed this
criminal appeal act 1995 COA
can only appeal a conviction if unsafe because of mistakes of the judge jury nobbling disclosure issues new and compelling evidence
what can you appeal on COA
sentence conviction new point of law
