Criminal Courts - Appeals Flashcards

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1
Q

Appeals from Mags’ Court

A

D can appeal against sentence or conviction
CC deals with these appeals
D has an automatic right to appeal a Mags’ decision

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2
Q

Appeal from Mags’ Court against conviction

A

1 Judge 2 Mags (with special hearing) hears this

they can:
uphold D’s conviction
quash the conviction
vary the conviction - change what D is guilty of - must be less serious

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3
Q

Appeal from Mags’ Court against sentence

A

1 judge 2 Mags (specially trained) hear this appeal

They can:
uphold the sentence
decrease the sentence
increase the sentence (BUT they can only increase the sentence to 6 months, as the Mags cannot go over that)

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4
Q

Appeals from the Crown Court (First Instance)

A

D can appeal against sentence or against conviction
D must apply for and be granted ‘leave’ - permission to appeal from the court you came from to the court you’re going to
CoA hears these appeals

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5
Q

Appeal from the Crown Court - against conviction

A

3 judges (Lord Justices of Appeal) hear these appeals

CoA can:
uphold D’s conviction
quash D’s conviction (if unsafe) and may order a retrial
vary D’s conviction

e.g. R v George

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6
Q

R v George

A

Barry George - convicted of murder in 2001 for the murder of Jill Dando
2007 - he appealed to CoA from CC + retrial was ordered
2008 - not guilty

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7
Q

Appeal from the Crown Court - against sentence

A

3 Judges (Lord Justices of Appeal) hear these appeals

the CoA can:
uphold the sentence
decrease the sentence

they cannot increase D’s sentence, as it would deter people from appealing if they were scared of facing a life sentence

examples:
R v Herbert
R v Philpott

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8
Q

Appeals by the Prosecution (AP)

A

Prosecution cannot appeal against D’s conviction or sentence, but can appeal by the following ways (various Criminal Justice Acts):

1) appeal against a judge’s ruling
2) appeal against acquittal
3) appeal by referring a point of law
4) appeal against an ‘unduly lenient’ sentence

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9
Q

AP - against a judge’s ruling (1)

A

if a judge makes a ruling on a point of law which stops the case, the Prosecution can appeal (Criminal Justice Act 2003) to the CoA
this can order continuation of trial or a retrial e.g. a directed acquittal (R v Counsell)

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10
Q

AP - against acquittal (2)

A

done for 2 reasons:

Due to jury nobbling
- if D is acquitted due to a juror being bribed or threatened, the prosecution can appeal asking for D’s acquittal to be quashed and for D to be retried
- Brink’s-Mat Robbery

Due to new and compelling evidence
- if D has been acquitted of a crime but ‘new and compelling evidence’ comes to light, then the Prosecution can appeal and ask the CoA to quash D’s acquittal so that D can be retried
- Criminal Justice Act 2003
- (R v Dobson and Norris - D was acquitted of murder but DNA linking D and V was discovered, so D was retried and found guilty)

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11
Q

AP - by referring a point of law (3)

A

where the trial judge has made an error in the law (resulting in D’s acquittal), the prosecution can ask the AG to ask the CoA to make a ruling on the point of law to clarify what the law says for future cases
- Criminal Justice Act 1972
- AG Ref (3 of ‘94)

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12
Q

AP - against an ‘unduly lenient’ sentence

A

The prosecution can ask the AG to refer a case to the CoA for D’s sentence to be increased if it is thought to be too soft (unduly lenient)
Criminal Justice Act 1988 - the CoA can increase the sentence up to max available for the crime
- R v Yates - as a deterrence, the sentence was increased by 5 years

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13
Q

Case Stated Appeals

A

a way that both the prosecution and defence can appeal decisions

  • appellant claims that the law has been misapplied or misinterpreted
  • the King’s Bench Divisional Court (KBD) consisting of 2 or 3 High Court Judges hears these appeals
  • these appeals can be made from the Mags’ or the Crown Courts

If a party doesn’t agree with this decision, it can be appealed to the Supreme Court (with leave), if a point of law is of ‘general public importance’

e.g. Platt

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14
Q

KBD - what powers does this court have?

A

This court can:
- confirm the point of law
- reverse the decision
- remit (retrial) the case

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