Criminal Courts - Cases of first instance in the Crown Court and appeals from the Crown Court

Question 1

Cases of first instance

Answer 1

In this court, 1 judge and 12 jury are present. The Crown court can either hear triable either way offences and/or indictable offences.

Question 2

Appeal against conviction

Answer 2

FIRSTLY, in order for D to apply for an appeal in the Crown Court, D must apply and be granted ‘leave’ (permission) to appeal. If granted leave, the case will then be transferred into the Court of Appeal, where it is heard in front of 3 Lord Justices.

For appeals against conviction, the court can do 1 of 3 things. They can:

• Uphold it
• Quash it
• Vary it

The court can also order a retrial after quashing a conviction.

Question 3

R v George

Answer 3

D’s conviction was quashed by the Court of Appeal and ordered a retrial as there was doubt cast on the main piece of evidence used in the first trial.

Question 4

Appeal against sentence

Answer 4

Also heard in front of 3 Lord Justices. In this type of appeal, the Court of Appeal can only choose 1 of 2 powers. They can:

• Uphold it
• Decrease it

The Court of Appeal CANNOT increase a sentence.

Question 5

R v Herbert and others

Answer 5

The Court of Appeal decided to reduce D’s sentence by 9 months as the judge thought the Crown Court had not given enough allowance for his guilty plea.

Question 6

Case stated appeal

Answer 6

Appellant is claiming crown court has misapplied and misinterpreted the law.

Both the Defence and Prosecution can make this type of appeal from the Crown Court.

This works exactly the same way and follows the same appeal route as this type of appeal from the Magistrates’ court.