Criminal Practice: Appeals Flashcards
What appeal options are there if convicted in Magistrates court?
Defendant appeal to crown court either:
- against conviction (unless they pleaded guilty)
- against sentence
Defendant or Prosecution can appeal to Divisional Court
- by way of case stated (on grounds that decision is wrong in law or in excess of jurisdiction)
What is the process for appealing from Magistrates court to crown court?
Defendant must lodge written notice of appeal with convicting/sentencing court within 15 working days
No need to set out basis for appeal as court has no power to decline (but done in practice)
What are the proceedings in crown court for hearing appeal from magistrates? And what are its power?
Heard by Crown Court judge and 2-4 magistrates (who did not hear previous case)
- complete rehearing of case (so new evidence can be called)
Power to
- quash conviction
- increase/decrease sentence imposed
- but are restricted to sentencing powers of Magistrates court
- impose cost order if appeal is unsuccessful
What is the process for appealing from Magistrates court by way of case stated?
Appeal heard by Divisional Court of high court
Written application must be made to Magistrates court within 21 days and must include the point of law subject to the appeal.
Appeal is heard by 3 judges and only legal argument will be made.
What is the process for appealing a crown court decision?
- must obtain leave to appeal
- can be granted from trial judge or CoA
- must lodge application within 28 days of decision with convicting court
- then sent to CoA where single judge makes decision
- if refused can renew application to full court
On what grounds can appeal be made from crown court to CoA?
Conviction
- only on grounds it was unsafe. Includes:
- evidence wrongly admitted or excluded;
- direction was wrongly given or omitted;
- the conduct of trial judge demonstrated obvious bias;
- wrongful exercise of discretion;
- errors in summing up;
- problems relating to jury
Sentence
- was wrong in law,
- wrong in principle or
- manifest excessive
What power does the CoA have in appeals?
Appeals against conviction
- quash conviction and order acquittal or retrial
- find D guilty of some offences but not others
- find defendant guilty of alternative offences
- dismiss appeal
Appeal against sentence
- quash any sentence imposed by crown court and impose new sentence
- However, cannot exceed sentence imposed by crown court
- any new sentence will be deemed to have started at time of original sentencing date
Can the prosecution appeal crown court decision?
Yes but only ruling made by judge
- ie. decision that there is no case to answer
- decision regarding admission of evidence
Attorney General can also refer case to CoA if they feel a sentence was passed was unduly lenient and permission is granted by CoA
When can an appeal be made to Supreme Court and what is the process?
Decision of CoA can be appealed to Supreme Court by defendant or prosecution only if:
- CoA or Supreme Court grant leave to appeal; and
- CoA certifies that a point of law of general public importance is involved
