Criminal Courts Flashcards
1
Q
What is an appeal to the HC by way of case stated?
A
D/P can appeal to the KBD of the HC on the grounds that the Magistrates misdirected themselves as to law.
The magistrates state a case for the opinion of the HC, following application by aggrieved party to the MC within 21 days of acquittal/conviction/sentence.
2
Q
The Court of Appeal (Criminal Division) hears appeals from the Crown Court. When must notice to appeal be filed?
A
Notice to appeal must be filed within 28 days of the conviction/sentence.
3
Q
When may the prosecution/defence appeal to the SC regarding a decision of the Crim Div of the CoA?
A
When…
-the CoA certifies that the decision involves a point of law of general public importance, and
-either the CoA/SC gives leave to appeal
