Criminal Courts and Lay People; Appeals and appellate courts Flashcards
Explain the grounds/reasons the defence OR prosecution may raise to appeal in a criminal case (8 marks)
Explain the criminal appeal process and structure for appeals involving criminal trials which were originally heard in the Magistrates’ Court (8 marks)
Explain the criminal appeal process and structure for appeals involving trials which were originally heard in the Crown Court (8 marks)
Introduction
The Criminal Courts system provides appeal routes for defendants in all cases and to the prosecution in certain situations. The routes are different depending on where your trial was heard and the reasons for appealing
If your trial was at the Magistrates’ court:
Appeals against sentence or conviction
When does the defendant have a right of appeal against a conviction or sentence
- The defendant has an automatic right of appeal against conviction or sentence
- Where the defendant originally pleaded not guilty
How long must an appeal be made after the conclusion of the case
An appeal must be made within 21 days of the conclusion of the case
If appealing against conviction;
What kind of judge re-hears the case and with who else
-A Crown Court judge re-hears the case with two Magistrates.
What can these personnel decide to do
A Crown Court Judge with two Magistrates can:
- Come to the same decision
- Reverse the decision
If appealing against sentence;
What can these personnel decide to do if appealing against sentence
A Crown Court judge can:
- Impose a harsher sentence, but only to the maximum sentence available to Magistrates
Appeals from the Magistrates court to the crown court (not sure on this);
Who is this available to
Only the defence
Reason for appeal
Against sentence and or conviction
Who is the appeal heard from
Panel of a single Circuit judge and two magistrates
Is further appeal possible
Generally no, but possible to appeal to the Queens Bench Divisional court purely on a point of law
Result of appeal
Appeal quashed,
confirm appeal
or remit case back to the Magistrates court
Case Stated Appeals: appeals on the grounds that there has been an error of law or the magistrates have acted out of their jurisdiction
Where can these be made from
These can be made directly from the Magistrates Court or as an appeal from the Crown court
What is the basis for the appeal
The basis for the appeal is a claim that the Magistrates made an error or law or acted outside their jurisdiction
Who is the appeal heard from
The appeal is heard by a panel of 2-3 High Court judges from the Queens bench Division
What can this panel decide
They can;
- reverse or vary the decision
- make an alternative decision
- give the magistrates their opinion on the area of law involved
if the appeal is successful, the case will be sent back to the magistrates for reconsideration
Case Stated Appeals from the Magistrates’ Court to the Queens Bench Divisional Court
Who is this available to
The prosecution and the defence
Reason for appeals from mags court to QBD
On a point of law by way of case stated
Who is the appeal heard by
Panel of two or three High Court Judges, which might include a COA judge
Is further appeal possible
- possible appeal by the prosecution or the defence to the Supreme court on a point of general public importance
Must have leave to appeal by either supreme court or QBD
Result of appeal
Appeal quashed
confirm appeal
Or remit case back to the mags court (do not punish)
Appeals from the Magistrates’ Court;
To QBD and then the Supreme court
A further appeal can be made to the Supreme Court if what two things
- there is a point of law of general public importance
- leave to appeal is granted by the Queens Bench Division or the Supreme court (asking the court for permission to appeal) leapfrog where a case goes from the High court to the Supreme court missing out the COA
Name and explain the case study in which the QBD wanted to change the law by appealing to supreme court
C v DPP (1994)
-This case considered the issue of children having criminal responsibility
- HELD; it is not to be presumed that children aged between 10-14 know the difference between right and wrong, therefore criminal activity will not always result in prosecution
-The divisional court of the QBD wanted to change the law so it always presumed a child 10-14 knew the difference between right and wrong and the supreme court held they were bound by precedent and were not at liberty to change the law
reason for appeal
Rare, but possible - against sentence and or unsafe conviction
where heard
-court of appeal (criminal division) within 6 weeks of conviction and must be granted permission
-fresh evidence can be heard at this appeal
further appeal possible
again rare byt possible, to the supreme court on a point of law of general public importance
must have leave to appeal
result of appeal
appeal quashed or confirm appeal
CROWN COURT
If your trial was at the Crown Court (appeals from the crown court)
Who is this appeal available to and what can they appeal against
the defendant can appeal against conviction or sentence
How long does the defendant have to appeal after the conclusion of trial
the defendant must state, verbally, or in writing, that they want to appeal within 14 days of the conclusion of the trial
Within how many days must the full appeal be filed with the court after conviction
The full appeal must be filed with the court within 28 days of conviction
The defendant must get ‘‘leave to appeal’’ from who
The trial judge or from the court of appeal
What does the Criminal Appeal Act state that the court of appeal can do
'’shall allow an appeal against conviction if they think that the conviction is unsafe (this includes misdirections by the judge, or evidence that should have been admitted) and shall dismiss such an appeal in any other case.
what are the four things the court of appeal can decide to do
- quash the conviction
- vary the conviction to a lesser charge
- decrease the sentence (not increase it)
- order a retrial in the Crown court with a new jury
Appeals from the Crown Court (2) Crown Court to the COA by PROSECUTION
The prosecution can appeal from the crown court to the COA for two reasons, provide the two reasons (and legislation)
- Attorney-general reference on a point of law
( against the acquittal of the defendant if the prosecution is unhappy with the decision, or by the Attorney-General to clarify a point of law relevant to the acquittal)
s36 Criminal justice act 1972 allows the attorney-general to refer to a point of law to the court of appeal to the COA for consideration where the defendant has been acquitted. The original acquittal will still stand. - Attorney-General against lenient sentence
s36 Criminal Justice act 1988 says that the attorney general can refer a case to the COA where there has been an unduly lenient sentence. In 2016, 146 out of 190 applications had their sentences increased by the COA for being unduly lenient sentences.
Crown Court by COA by DEFENCE
What can you appeal against
case stated appeal idk
What are the time limits for making this appeal
What is meant by leave to appeal
What does the Criminal Appeal Act 1995 state that the COA can do
The prosecution can also appeal from the Crown Court to the QBD (now KBD) of the High Court for two reasons; name these reasons (and legislation)
- Appeal against acquittal (where D was found not guilty by jury) - these are rare and only done so with the permission of the Attorney-General.
- Where the jury had been ‘nobbled’.
The Criminal Procedure and Investigations Act 1996 allows a retrial to be ordered where the jury has been bribed or threatened by the defendant. There is a further provision under s44 Criminal Justice Act 2003 for a judge only retrial where there is a risk of jury tampering or bribery.
Further appeals to the Supreme Court
Who can appeal from the COA to supreme court
The prosecution and defence may appeal from the COA to the supreme
BUT what is necessary to appeal (2)
It is necessary to have the case certified as involving a point of law of general public importance AND to get leave to appeal, either from the Supreme court or the court of appeal
Criminal cases review commission - defendants who have appealed unsuccessfully from cc to supreme have exhausted their appeal routes. However convictions can be quashed under the procedure bid by the criminal appeal act 1995.
