Criminal Appeals - Appeal route MC - UKSC A01 Flashcards
What are the different criminal appeal routes
Magistrates → Crown
Magistrates → High (KBD)
Crown → CoA
—Crown → High (KBD)—
High → UKSC
Explain the grounds for a defendant appealing from the Magistrates court to the Crown Court
appeal either on:
fact → doesn’t agree with the verdict
OR
sentence → too harsh
Explain the Crown Courts choices when a defendant appeals from the Magistrates court to the Crown Court
1) FACT
Crown can either:
-uphold the conviction (agree with the guilty verdict)
OR
-quash the conviction (acquit the df)
2) SENTENCE
Crown can either:
-decrease the sentence
OR
-increase the sentence (but cannot exceed the MC’s jurisdiction)
Explain the grounds for either the prosecution or defence appealing from the Magistrates court to the KBD Hight Court
-either prosecution or defence can appeal on a point of LAW
Explain the King’s Bench Division of the High Court’s choices when a either the prosecution or defence appeals from the Magistrates court to the High Court
(who is it heard by and what are their 4 choices)
appeal is heard by a High Court judge who can:
REMIT -send the case back to the Magistrates for them to reapply the correct law
ACQUIT DF -reverse the decision of the Magistrates and find the df not guilty
CONFIRM the decision of the Magistrates was correct
CHANGE the charge to a different offence
Explain the grounds for a ‘leapfrog’ appeal by the defence from the Crown Court to the KBD Hight Court
If during an appeal from the Magistrates to the Crown Court (on either fact or sentence) a point of LAW becomes evident in the case, the Crown Court can send the case to the KBD on a point of law
Explain the grounds for an appeal by the defence from the Crown Court to the Court of Appeal (CoA)
FACT
-appeal that the conviction is unsafe
-must be new compelling evidence (DNA, witnesses etc)
-leave is required
SENTENCE
-appeal that the sentence is too harsh
LAW
-appeal that the trial judge misdirected the jury on the law
Explain the Court of Appeal’s choices when a defendant appeals from the Crown Court to the Court of Appeal
FACT
-quash
-order a retrial
-uphold
-vary
SENTENCE
-keep the sentence the same
-decrease the sentence
LAW
-quash
-change offence
-order a retrial
Explain the grounds for an appeal by the prosecution from the Crown Court to the Court of Appeal (CoA)
FACT
-appeal against an acquittal, must be new compelling evidence (or evidence of jury tampering)
SENTENCE
-appeal that sentence too lenient
-leave is required
LAW
-appeal that trial judge wasn’t correct on a point of law in the Crown Court
Explain the Court of Appeal’s choices when the prosecution appeals from the Crown Court to the Court of Appeal
FACT
-order a retrial
SENTENCE
-keep the sentence the same
-decrease the sentence
LAW
-agree with the prosecution’s interpretation of the law
-say the law needs be changed for future cases
(the acquittal still stands)
Explain the grounds for an appeal by the prosecution or defence from the High Court or CoA to the UK Supreme Court
-LEAVE(permission) required by the High Court/CoA or the UKSC
-last appeal route
-on a point on LAW of general public importance
Explain the UKSC’s choices when the either the prosecution or defence appeals from the High Court or the CoA to the UKSC
-reverse the High Court’s or CoAl’s decision
-dismiss the appeal
