Criminal Appeals

Question 1

What does jurisdiction at first instance mean?

Answer 1

Courts which try the case

Question 2

What is appellate jurisdiction?

Answer 2

Courts which hear appeals

Question 3

What are the grounds for appeal?

Answer 3

To enable senior Judges to:
1) correct errors of fact, law or procedure, by giving D or P at least one opportunity to have case reviewed
2) develop the law according to doctrine of precedent via interpretation of statues, important even when it’s law normally only applied to mag courts, as may not be considered elsewhere
3) ensures consistency, in way courts of first instance apply law and carry out sentencing

Question 4

What is System of appeals against conviction and/or sentence in Mag Court?

Answer 4

1. Appeal by Defense
2. Heard in crown court by a judge and 2 mags
3. Essentially a re trial, court will review evidence again
4. Crown court decision is final, no further route of appeal

Question 5

What is System of appeals “by way of case stated” in Mag Court?

Answer 5

• appeal by P or D
• heard in divisional court (part of Kings Bench Division in High Court)
• appeal on point of law so no witnesses
• final appeal to Supreme Court only on point of law of public importance

Question 6

How do appeals by the Defense work in Crown Court?

Answer 6

• D may appeal against conviction, sentence or both to Court Of Appeal
• leave to appeal must be granted either by trial judge or from COA itself
• only ground for allowing appeal against conviction if it is unsafe, COA may order retrial or quash conviction
• when hearing COA may admit new evidence for interest of justice

Question 7

How does appeals by the prosecution work in Crown Court?

Answer 7

• only limited grounds for prosecution to appeal against acquittal by jury
• if evidence of jury tampering, COA can order retrial
• prosecution may appeal to COA to overturn acquittal and order retrial if there is new and compelling evidence of guilt
• where judge has made an error in explaining law to jury, prosecution have right to reef to point of law in COA
• prosecution may ask Attorney-General to challenge and unduly lenient sentence

Question 8

How do appeals to the Supreme Court work in appeal from crown court?

Answer 8

• Both prosecution and Defense have tight to appeal from COA to SC. COA must give permisssion by certifying it’s a point of law of public importance
• very few cases are appealed