criminal apppeals Flashcards
When was the criminal appeals reformed?
Criminal Appeal act 1995
What are the two appeal routes from the Magistrates court:
- crown court
- Queens bench
How are criminal appeals in the crown court dealt with?
- They must be made within 21 days of sentencing
- If there is a need for further appeal then case goes to queens bench
- Appeal routes from the Magistrates court:
- Where the appeal is against sentence the crown court can either increase or decrease it as long as it is not increased beyond the maximum powers of the magistrates courts
How are the time limits for appeals calculated?
- They are calculated from the date the sentence is passed
- under the Criminal procedure amendment no2 rules 2021 the the time limit for lodging an appeal will be calculated from the date the case is committed by the magistrate’s court to the Crown Court for sentence.
What is a case stated appeal ?
This is an appeal that is on a point f law that goes to the administrative court
Where are case stated appeals heard ?
They are heard by the queens bench division
Further explain case stated appeals and the process in the queens bench division .
- Case stated appeals are heard by two or three high court judges
- The route can be used for either an acquittal or the defence against a conviction
- The qbd can reverse or uphold acquittals or remit cases to the magistrates in order for the correct legislation to be made
When can further appeals be made and where are they heard ?
- Further appeals are heard in the supreme court
- Appeals can only be made to the supreme court if the divisional court certifies that a point of law of general public importance is involved
or - Divisional Court or the Supreme Court can give leave to appeal because the point of law is one which should be considered by the Supreme Court.
What is the importance of the case C V DPP
- this case concerned the legal point about the presumption of criminal responsibility of children from the age of 10 up to the 14th birthday
- ## before this a child could only be convicted if the courts could prove that the child knew he was doing wrong
What was held in the case of C v dpp
- the decisions made in the divisional court were overruled by the house of lords they stood on the point that a child cannot be held criminally responsible if he or she did not know that they did something wrong
Can a defendant appeal?
- Defendants can appeal against convictions and sentencs in the court of appeal within 14 days of the trial
- appeal, a notice of appeal must be filed at the Court of Appeal (Criminal Division) within 28 days of conviction.
- However its very difficult to get an appeal eg in 2015 6036 applicants were considered and leave to appeal was granted fewer than 1 i 4
Where are the rules of appeal set out in ?
They are set out in the criminal appeals act 1995, they also set out when an appeal should be heard eg
peal should be heard. The Act states that the Court of Appeal:
- Shall allow an appeal against conviction if they think that the conviction is unsafe.
- Shall dismiss an appeal in any other case.
What is meant by the word unsafe ?
since the human rights act 1988 the court of appeal have decided that if the conviction is unsafe they can ey can allow the defendant’s appeal and quash the conviction. They can also vary it to that of a lesser offence. With regards to sentence they can decrease it but they CANNOT increase
When can the prosecution appeal ?
- Against a judges ruling
- Against an acquittal
- Referring to a point of law
Explain when the prosecution can appeal against a judges ruling.
under the criminal justice act 2003 the prosecution has a right to appeal against the defendant if the judge stops the case against the defendant
