Criminal Courts & Appeals* Flashcards
Which court does the appeal go to if the defendant has their trial in the Magistrates’ court?
If the defendant has their trial in the Magistrates’ court, the appeal will go to the Crown Court.
Who hears the case in the Crown court, following the Magistrates’ court?
The Circuit Judge along with two Magistrates hear the case.
Once heard by the Circuit Judge and Magistrates, what jurisdiction do they have over the sentence?
The can uphold the sentence, quash the conviction or vary the sentence. (Within sentencing powers of Magistrates).
Appeals from the Magistrates’ court from both the Defendant and the Prosecution can appeal on the basis of…
A point of law. In this case the appeal will go to the QBD of the High Court.
During a Crown court appeal, if a point of law becomes evident, what happens to the appeal?
If a point of law arises, the appeal will go to the Queen’s Bench Divison of the High Court.
What is the final appellite court from the Magistrtes to the Crown, to the CA?
Supreme Court. With leave from either the CA or SC. And if the case concerns a matter of law of general public importance.
What piece of legislation allows the defence to appeal on the basis of an ‘unsafe conviction’?
The Criminal Appeals Act 1995 states the the defence can appeal the case from the Crown court on the basis of an ‘unsafe conviction’.
If an appeal is made from the Crown Court to the Court of Appeal, what does the CA have the power to do?
- Quash conviction
- Vary sentence
- Vary offence
- Order a re-trial.
True or False? Appeals involving Human Rights can be appealed no further than the Supreme Court.
False. Appeals involving Human Rights can go to the European Court of Human Rights (ECHR).
Where may the Supreme Court send a case that involves European Union law?
Cases involving European Union law may go to the Court of Justice of the European Union.
Under what legislation is the Attorney General (head of CPS) able to appeal to the CA againast a lenient sentence?
The AG can appeal to the CA under the Criminal Justice Act 1988. In order to get the sentence increased.
What does the Criminal Justice Act 1972 allow the Attorney general to do regarding changes in law?
The Criminal Justice Act 1972 allows the AG to make an Attorney General’s Referance to the Court of Appeal in order to change the law for future cases.
In the event of compelling new evidence, what can the prosecution do to quash the acquittal of the defence?
In the event of compelling new evidence the prosecution can appeal to the CA to quash the acquittal under the Criminal Justice Act 2003.
If the prosecution believes there has been interference with the Jury under what legislation can the prosecution appeal to the High court?
The Criminal Procedure and Investigations Act 1996 states that the prosecution can appeal to the High Court on the basis of tampering with the Jury or witness.
Can the defence and prosecution appeal to the Supreme Court if the case involves a point of law of general public importance?
Yes. if a point of aw of general public importance arisies the defence and prosecution can appeal to the Supreme court with sufficient leave form the Supreme Court of the Court of Appeal.
