Criminal Appeals Flashcards
What are the 3 Types of appeals from the Magistrates?
Appeals to the CC
Appeals to the KBD
Appeals to the SC
Who can choose to appeal to the CC?
Defence only.
Why can D appeal to the CC?
The D has an automatic right to appeal against conviction or sentence, where the D originally plead not guilty.
Who hears the Appeal to the CC?
The CC Judge
What can be the outcome of the appeal?
- Come to the same decision
- Reverse the decision
Why does D appeal to the KBD?
If they believe the Magistrates made an error on a point of law, or acted outside their jurisdiction.
Who hears the appeal to the KBD?
This appeal is then heard by a panel of 2-3 HC Judges from the KBD.
What can the outcome of this appeal be?
-Reverse or vary the decision
-Make an alternative decision
-Give the magistrates their opinion on the area of law involved
Which court hears a further appeal?
Supreme Court
What 2 things are needed to make a further appeal to the SC?
-There is a point of law of GENERAL PUBLIC IMPORTANCE
-Leave to appeal is granted by the KBD or the SC
Where does an appeal on sentence and or conviction go?
Appeal to the COA from the CC.
Where does a Case stated appeal by the Defense and Prosecution go?
COA
Outline an appeal from the CC to the COA by the defence.
-The defendant must state verbally or in writing that they want an appeal within 14 days of the conclusion of the trial.
-The Full appeal must be filled with the court within 28 days of conviction.
-D must get LEAVE TO APPEAL from the trial judge or from the COA.
What does the Criminal Appeal Act 1995 state that the COA do?
- The COA shall allow an appeal against conviction if they think that the conviction is unsafe (beach of art 6)
2.And shall dismiss such an appeal in any other case
What can the outcome of an appeal by the defence be?
-Quash the conviction
-Vary the conviction to a lesser charge
-Decrease the sentence
-order a retrial in the CC but with a new jury
Outline an appeal from the CC to the COA by the prosecution.
1.Attorney generals’ reference on a point of law
S.36 CJA 1971 allows the AG to refer a point of law to the COA for consideration where the D has been acquitted. The original acquittal will still stand.
2.Attorney General against lenient state
S.36 CJA 1988 the AG can refer a case to the COA where there has been an unduly lenient sentence.
Outline appeals from the CC to the QBD by the prosecution.
This can be appealed against acquittal if:
Where the jury has been nobbled
-Criminal Procedure and Investigations Act 1996 allows for a retrial to be ordered where the jury has been bribed or threatened by the defendant.
There is a further provision under s.44 of CJA 2003 for a judge only trial where there is a risk of jury tampering or bribery.
