Criminal Court Hierarchy, Appeal System and Jurisdiction Flashcards
What is the role of the Independent Office for Police Conduct (IOPC)?
The IOPC oversees allegations against the police in England and Wales. It ensures investigations into police misconduct or criminal behavior are conducted fairly.
What is the role of the Ministry of Justice (MoJ)?
The MoJ is responsible for the courts, prisons, probation service, and attendance centres in the UK. It works to deliver a modern court and justice system and promote the rule of law.
what agencies does the MoJ work with?
- Legal aid agency
- legal services board
- HM Prison and Probation Service
- His Majesty’s (HM) Courts and Tribunal Service (HMCTS)
- Sentencing Council
How do prosecutions commence?
Prosecutions begin in two ways:
- Summons: A defendant is summonsed to court,
- Charge: The Crown Prosecution Service (CPS) charges a defendant after an arrest and questioning.
What are common reasons for a trial to “crack”?
- A defendant entering a last-minute guilty plea.
- The absence of key prosecution evidence until late in the process.
- Logistical challenges such as unavailable witnesses or operational duties for police officers.
How can “cracked” trials affect the criminal justice system?
They undermine trust in the system, waste resources, and can lead to delays in justice, further complicating the scheduling and processing of other cases.
Does a defendant need permission to appeal?
No, a defendant does not need permission to appeal. The right to appeal is automatic, and appellants must file a notice of appeal within 21 days of the verdict.
How do prosecution and defence appeal on a point of law?
Both prosecution and defence can appeal on a point of law via an appeal by way of case stated.
This is based on
- an error of law
- a ruling beyond jurisdiction or
- insufficient evidence.
This appeal goes to the Administrative (Divisional) Court of the High Court, not the Crown Court.
Can a defendant appeal their sentence?
Yes, a defendant can appeal their sentence if it is manifestly excessive or if the court imposed a sentence it had no power to make. New evidence may be heard if it justifies the appeal.
What are common reasons to appeal a conviction?
- Error of law: e.g., mistakes in the judge’s summing up before the jury.
- Material irregularity: e.g., inappropriate behavior by jurors, such as sharing deliberations via social media.
- Fresh evidence: e.g., evidence that was unavailable or not relied upon at trial.
What powers does the Attorney General have in relation to appeals
- the Attorney General can refer a point of law to the Court of Appeal after acquittal to clarify the law.
- the Attorney General can request a review of an unduly lenient sentence.
How can a case be appealed to the Supreme Court?
Permission must be requested from the relevant court or the Supreme Court itself within 28 days. The appeal must involve an exceptional case of general public importance.
What happens if permission to appeal to the Supreme Court is refused by the Court of Appeal?
If the Court of Appeal initially refuses permission to appeal, an application can be made to the Supreme Court, which will be heard by at least three justices.
What must the Court of Appeal certify for an appeal to the Supreme Court?
The Court of Appeal must certify that there is a point of law of general public importance, and it must be apparent that this point should be considered for appeal.
Are there exceptions to the need for certification for Supreme Court appeals?
Yes, some appeals do not require certification, such as:
- Applications for habeas corpus.
- Appeals related to Human Rights Act 1998 declarations of incompatibility.
- Certain instances of contempt of court.
