Criminal Appeals and Appellate Courts

Question 1

What does ‘Jurisdiction at first instance’ mean?

Answer 1

Applies to those courts which try the case.

Question 2

What does ‘Appellate jurisdiction’ mean?

Answer 2

Applies to those courts which hear appeals.

Question 3

Reasons (grounds) for appeals

Answer 3

• To correct errors of fact/law/procedure by allowing appellant at least one opportunity to have their case reviewed
• To develop the law according to the doctrine (principle) of precedent (example) and via the interpretation of statutes.
• To ensure consistency in the way courts of first instance apply the law and carry out sentencing

Question 4

What are the two routes of appeal from the Magistrates’ Court?

Answer 4

• Crown Court
• King’s Bench Divisional Court

Question 5

Appeals against conviction and/or sentence (Magistrates’)

Answer 5

• Appeal by the defence
• Heard in Crown Court by a judge and 2 magistrates
• Essentially a re-trial where court will review evidence again
• Crown Court’s decision if final, no further route of appeal (except by ‘way of case stated’)

Question 6

Appeal by ‘Way of Case Stated’ (Magistrates’)

Answer 6

• Appeal by either Prosecution or Defence
• Heard in Divisional Court (part of King’s Bench Division of the High Court)
• Appeal on a point of law
• No need to heart from any witness

Question 7

Final appeal (Magistrates’)

Answer 7

• From Divisional Court to Supreme Court
• Only on a point of law of public importance

Question 8

Appeals by Defence (Crown)

Answer 8

• D may appeal against conviction and/or sentence to Court of Appeal (Criminal Division)
• Leave to appeal (permission) must be granted by trial judge or COA itself
• Only ground for allowing an appeal against conviction is that the conviction is unsafe, COA may order a re-trial or quash the conviction if it allows D’s appeal
• When hearing appeal, COA may admit new evidence in the interests of justice

Question 9

Appeals by Prosecution (Crown)

Answer 9

• Limited ground for prosecution to appeal against acquittal by a jury
• If evidence of jury tampering, COA can order a re-trial
• Prosecution may apply to COA to overturn acquittal and order re-trial if there’s be and compelling evidence against person’s guilt and it’s in the public interest for D to be re-tried
• Where judge has made an error in explaining law to jury, prosecution have the right to refer a point of law to COA
• Alternatively, prosecution may ask Attorney-General to challenge and unduly lenient sentence

Question 10

Appeals to Supreme Court (Crown)

Answer 10

• Both prosecution and D have right to appeal from COA to Supreme Court
• COA must give permission by certifying the appeal involves a point of law of public importance
• Very few cases are appealed to SC