Criminal Appeals Flashcards
Where are the 2 appeal routes from the Magistrates court?
Crown Court or the QBD of the High Court
Who can appeal to the Crown Court from the magistrates?
Only the defence
If the defendant pleaded guilty at the Magistrates court what can the appeal against at the crown court?
Only their sentence
If the defendant pleaded not guilty at the Magistrates court what can the appeal against at the crown court?
Their sentence and conviction
What happens when the appeal gets to the crown court?
It is completely re-heard by a judge and 2 magistrates
What can the judge and 2 magistrates do at the crown court?
Either uphold or reverse the decision
Can the crown court increase or decrease the sentence?
Yes, but not beyond the maximum powers of the magistrates court
Where are case stated appeals usually heard?
Within the QBD
Who can use the route of appealing to the QBD?
The prosecution and defence
Where do the appeals to the QBD come from?
Either straight from magistrates or from the crown court
What do case stated appeals only question?
Points of law
Who are case stated appeals heard by?
2 or 3 high court judges
Who does not attend a case stated appeal?
Witnesses
What do case stated appeals challenge at the QBD?
The magistrates misapplying the law
What can case stated appeals not challenge?
The sentence
What can the high court QBD do with the decision?
Uphold, vary or reverse it
If the appeal to the QBD in a case stated case is against an acquittal what can the court do?
Send it back to the magistrates to implement the correct legal decision
Who can you appeal to if you do not agree with the QBD’s decision?
The supreme court
When can you only appeal to the supreme court?
If the QBD certifies their is a point of law of general public importance
or If the QBD can give leave to the appeal because the point of law is one which should be considered by the supreme court
Who do you appeal from from the crown court?
The court of appeal criminal division
What can the defendant appeal against to the court of appeal?
The conviction and or sentence
What should a lawyer do at the end of a trial where the defendant has been found guilty?
Advise him to appeal (verbally or in writing within 14 days of when trial ended)
If the defendant decides to appeal to the court of appeal what must he do and when?
A notice of appeal must be filed at the court of appeal criminal division within 28 days of conviction
Where are the rules of appeal set out?
Criminal Appeals Act 1995
In all cases what must the defendant get to leave the appeal from the court of appeal?
Leave of appeal or a certificate that the case is fit for appeal by a single judge in the Court of Appeal
What does the Criminal appeals act 1995 say that the court of appeal must allow?
An appeal against a conviction if they think the conviction is unsafe
They shall dismiss an appeal in any other case than the above
Since the Human Rights Act 1998 what have the court of appeal taken a broad approach on the meaning of?
The word ‘unsafe’
What must the new evidence be to fit with the court of appeals definition of the word unsafe?
Be capable of belief
What can the court of appeal do to a defendants appeal against a conviction?
Quash it or vary it to a lesser offence
What can the court of appeal do to a defendants appeal against a sentence?
Decrease it but not increase it
What does the court of appeal have the power to ask for?
A retrial infront of a new jury
What did the prosecution originally have?
No right to appeal against either verdict or sentence
What can the prosecution appeal against?
Acquittal - Where jury ‘nobbling’ has taken place an application can be made to the high court in order for quashing the acquittal
What does the prosecution have the right to do in all cases?
A special referral right where the defendant has been acquitted
What does the s36 of the criminal justice act 1972 allow?
The attorney general to refer a point of law to the court of appeal in order to get a ruling on the law
What can the attorney general apply for?
Leave to refer any unduly lenient sentence to the court of appeal for re-sentencing
What is an example of the attorney general using his power?
When Luan Plakici was sentenced to 10 years for kidnapping and procuring young girls for sex and prostitution the Attorney Generals reference increased his sentence to 23 years
Where are most cases sent to the attorney general by?
The crown prosecution service but the public and MP’s can write on a victims behalf
Who can appeal from the court of appeal to the supreme court?
The prosecution and defence
What must be given for someone to appeal to the supreme court?
Leave to appeal from either the supreme court of court of appeal
In 2003 how many petitions to be allowed to appeal to the supreme court out of 22 were successful?
Only 7
When can you appeal to the ECJ?
RARELY!!!! Only if the case involved European law or be based on the issue of human rights (that the defendant did not receive a fair trial)
What is the Criminal Cases Review Committee?
An independent body to consider suspected miscarriages of justice
When was the criminal cases review committee established?
Criminal Appeals Act 1995
When did the criminal cases review committee come into force?
January 1997
Who are members of the criminal cases review committee?
14 members all appointed by the queen, they are all legally qualified professionals
What does the criminal cases review committee have power to do?
Investigate possible miscarriages of justice and refer back to the courts
The COA may direct the commission to investigate and report to the court if the investigation is likely to help the court resolve the appeal
In 2012 how many appeals investigated by the criminal cases review committee were quashed and upheld?
324 convictions quashed and 137 upheld
What was a famous case the criminal cases review committee investigated?
Derek Bentley (who was hung in 1953) - conviction was quashed in 1998 due to unfair summing carried out by judge at the time
