Criminal Courts & Lay People: Appeals from CC Flashcards
Where can the defence and prosecution appeal to?
Court of Appeal
When can the prosecution appeal to the C.o.A?
Judges ruling
Acquittal
P.O.L (AG)
Sentence (AG)
Why can the prosecution appeal on the judges ruling?
P.O.L stopped the case and they don’t want an acquittal
Why can the prosecution appeal on acquittal?
Jury nobbling
New compelling evidence
Why can the prosecution appeal on P.O.L (AG)?
Concerns about acquittal which may affect future cases
Why can the prosecution appeal on the sentence (AG)?
Too lenient
When can the defence appeal to the C.o.A?
Conviction
Sentence
New evidence heard
Re-trial/new jury
What is needed for the defence to appeal to the C.o.A?
Leave to Appeal from C.o.A or certificate from trial judge
What is the Act that allows the prosecution to appeal to the C.o.A?
Criminal Appeal Act 1995 - unsafe
What can happen to the conviction?
Confirmed, varied, reversed
What can happen to the sentence?
Decreased only