Criminal Courts - Appeals by the Prosecution

Question 1

Definiton

Answer 1

• Prosecution cannot appeal against D’s conviction or sentence.
• They can appeal one of the following ways made available by Parliament.

Question 2

Appeal against a Judge’s ruling

Answer 2

The Criminal Justice Act 2003:

-If a judge makes a ruling on a point of law which stops the case (e.g. a directed acquittal) the prosecution can appeal.

Question 3

Appeal against acquittal

Answer 3

This can be done for 2 reasons:
1. ‘Jury Nobbling’: If D is acquitted due to a juror being bribed or threatened, the prosecution can appeal.

2. Due to new compelling evidence: The Criminal Justice Act 2003 says if D has been acquitted of a crime but new and compelling evidence comes to light which points to D’s guilt, the Prosecution can appeals and ask C of A to quash D’s acquittal so that D can be retried.

E.g. R v Dobson and Norris: D was retried for Stephen Lawrence’s murder and convicted after the C of A quashed his original acquittal. He is now spending a minimum of 15 years in prison.

Question 4

Appealing by referring a point of law

Answer 4

The Criminal Justice Act 1972:

• Judge may have made an error when explaining the law to the jury resulting D’s acquittal, the Attorney General can ask the C of A to make a ruling on the point of law to clarify what the law says. It will NOT affect D’s acquittal but will set precedent for the future.

Question 5

Against an ‘unduly lenient’ sentence

Answer 5

The Criminal Justice Act 1988 says the Prosecution can ask the Attorney General to send a case to the C of A for D’s sentence to be increased if it is thought to be unduly lenient (too soft).

E.g. R v Yates where D’s 7 year sentence is increased by the C of A for supplying a gun for murder to 12 years as 7 years was considered ‘unduly lenient’