Criminal Appeals Flashcards
“If the Court of Appeal finds the conviction ‘unsafe’”
“Further appeals to the Supreme Court are rare and must involve a point of law of general public importance.”
“Prosecution Appeals (Point of Law)”
“The prosecution can appeal against acquittal on a point of law under the Criminal Justice Act 1972.”
“Prosecution Appeals (Jury Tampering)”
“They can appeal to the High Court under the Criminal Procedure and Investigations Act 1996 for retrials in cases of jury tampering.”
“Prosecution Appeals (New Evidence)”
“The Criminal Justice Act 2003 allows retrials based on new and compelling evidence.”
“Attorney General’s Role (Lenient Sentences)”
“The Criminal Justice Act 1998 permits the Attorney General to refer lenient sentences to the Court of Appeal.”
“Appeals to the Supreme Court”
“Appeals to the Supreme Court from the Court of Appeal are possible if they involve a significant point of law.”
A diagram of the English and Welsh court system, showing the hierarchy of courts from the Supreme Court to Magistrates’ Courts.
This diagram shows the hierarchy of courts in the English legal system, with the Crown Court at the bottom, the Court of Appeal (Criminal Division) in the middle, and the House of Lords at the top.
“Definition and Importance of Appeals”
“Appeals are legal processes where a higher court reviews the decision of a lower court. They ensure justice and correct errors in the judicial process. Both the defendant and prosecution can appeal under certain circumstances. Appeals address issues of conviction, sentence, or procedural errors.”
“Governance of Appeals”
“The appeal process is governed by specific laws and regulations to filter out frivolous claims.”
“Types of Appeals”
“1. Defendant Appeals: Appeal against conviction and/or sentence. 2. Prosecution Appeals: Appeal against rulings, acquittals, and sentences. Appeals can be made to the Court of Appeal and, in some cases, the Supreme Court. Appeals are time-sensitive and require notices to be filed within specific time frames.”
“Process of Defendant Appeals”
“The defendant must be advised by their lawyer about appealing. Appeals must be filed either verbally at court or in writing within 14 days of the trial. A formal Notice of Appeal must be submitted to the Court of Appeal within 28 days of conviction.”
“Grounds for Defendant Appeals”
“Appeals can be based on claims that the conviction is ‘unsafe’ as per the Criminal Appeals Act 1995. The Court of Appeal has a broad interpretation of ‘unsafe’ due to the Human Rights Act 1998. New evidence must be credible, relevant, and the reasons for its absence at trial justified.”
“Action Taken by the Court of Appeal - Dismiss Appeal”
“If the conviction is deemed safe, the appeal is dismissed.”
“Action Taken by the Court of Appeal - Quash Conviction”
“If unsafe, the conviction is quashed, and the defendant is released.”
“Action Taken by the Court of Appeal - Vary Conviction”
“The court may find the defendant guilty of a lesser offense.”
“Action Taken by the Court of Appeal - Order Re-trial”
“A new trial may be ordered with a different jury, occurring 50-70 times yearly.”
“Action Taken by the Court of Appeal - Sentence Reduction”
“The court can reduce the sentence but cannot increase it on appeal.”
“Prosecution’s Right to Appeal”
“Initially, the prosecution had no right to appeal. Now, they can appeal against a judge’s ruling that halts the case, against an acquittal in specific cases, and against sentences deemed overly lenient.”
“Appeal Against Judge’s Ruling”
“Under the Criminal Justice Act 2003, the prosecution can appeal if a ruling prevents the case from proceeding.”
“Appeal Against Acquittal”
“Possible in cases of jury tampering (nobbling) or new evidence of guilt in serious offenses.”
“Double Jeopardy Principle”
“The principle has been modified to allow retrials in certain serious cases with new evidence.”
“Case Study: Luan Plakici”
“Luan Plakici’s sentence was increased from 10 years to 23 years after an appeal by the Attorney General. This demonstrates the prosecution’s ability to challenge lenient sentences.”
“Appeals to the Supreme Court”
“Both parties can appeal to the Supreme Court, but it must involve a point of law of general public importance. Permission to appeal must be granted by either the Court of Appeal or the Supreme Court. Few appeals are granted; in 2003, only 7 out of 220 applications were accepted.”
