Criminal appeals

Question 1

Whats an appeal?

Answer 1

The decision made during trial, can be contested by way of appeal. Done by prosecution or defendant.

Question 2

How do appeals from magistrates to crown work?

Answer 2

Only available to the defence.

• If they pleaded guilty can only appeal on sentence.
• If pleaded not guilty can appeal on conviction and sentence.

Question 3

Who are appeals from magistrates to crown heard by and what can they do?

Answer 3

Heard by a judge and 2 magistrates.
They can: 
- Confirm sentence/ conviction
- Reverse decision
- Reduce or increase the sentence

Question 4

How do appeals from magistrates to queens bench work?

Answer 4

Available to defence and prosecution, on basis there is a mistake in the law.
Made by defence on the conviction or by prosecution on acquittal.

Question 5

What can the queens bench division do?

Answer 5

• Vary conviction
• Confirm conviction
• Reverse conviction
• Send it back to magistrates

Question 6

How do appeals from magistrates to supreme court work?

Answer 6

Only if:

• QBD certifies its a point of law of general public importance.
• Supreme court gives permission.

Question 7

How do appeals from crown by the defence work?

Answer 7

An appeal against conviction/ sentence to COA.
Must get leave to appeal.
Appeal due to unsafe conviction.
Can also produce new evidence but must have been admissible at the original trial.

Question 8

What can the COA do on appeal?

Answer 8

• Quash conviction
• Vary to lesser offence
• Decrease sentence (not increase)
• Dismiss appeal

Question 9

How do appeals from crown by the prosecution work?

Answer 9

Can be made to quash acquittal or on an error of law.
Can be on acquittal when:
- Due to jury nobbling
- New evidence to question guilt

Question 10

Appeals from crown to the supreme court.

Answer 10

Can be by the prosecution and defence, just involve point of law of public importance.
Must get permission from the supreme court or COA.