Criminal Practice - Appeals Procedure and Youth Court

Question 1

Appeal from Magistrates’ Court to Crown Court

Answer 1

• Defendant who pleaded not guilty may appeal against conviction or sentence
• Defendant who pleaded guilty may appeal against sentence
• Prosecution has no right to appeal
• Notice of appeal must be lodged within 15 business days at the convicting/sentencing court
• Court has no power to decline jurisdiction
• Heard in Crown Court by Crown Court judge supported by at least 2 and no more than 4 magistrates
• A complete re-hearing and so new evidence can be called
• Crown Court can reduce or increase the sentence imposed (although restricted by the sentencing powers of the Magistrates’ Court)
• Court can also impose a cost order on the defendant if unsuccessful

Question 2

Appeal from Crown Court to Court of Appeal

Answer 2

• Defendant needs leave to appeal - can be sought either from trial judge or CoA itself
• If leave sought from CoA they must lodge a notice of leave to appeal within 28 days with the convicting/sentencing court
• Appeal is heard by a single judge
• If refused the defendant can apply again to the full court

Ground of appeal against conviction: ‘unsafe’

• ‘Unsafe’ means, for example, that evidence wrongly admitted/excluded, direction wrongly given, judge showed bias, errors in summing up or problems with jury)
• Options open to CoA: quash conviction and order acquittal/re-trial, find defendant guilty of some offences and not others, find defendant guilty of alternative offences of dismiss appeal

Grounds of appeal against sentence:

• Wrong in law
• Wrong in principle
• Manifestly excessive

Options available to CoA on an appeal against sentence:

• Impose any sentence it deems appropriate but this cannot be more than the original sentence imposed by the Crown Court
• Any new sentence imposed will be deemed to have been imposed at the original sentencing date (any time spent in custody pending appeal will be taken into consideration)

Appeals by Prosecution:

Prosecution cannot appeal a decision by the jury to acquit the defendant but can appeal rulings made by judge during the trial (e.g. no case to answer, decision to admit evidence)

Lenient sentences

Attorney General can also refer case to CoA if they feel sentence was too lenient and permission granted by CoA itself

Question 2

Appeal from Magistrates’ Court to Divisional Court

Answer 2

Open to prosecution and defence

Appeal by way of case stated: decision is wrong in law or in excess of jurisdiction

• Application must be made in writing to the convicting/sentencing magistrates’ court within 21 days of the decision being appealed and must outline point of law subject to appeal
• Heard by three judges and only legal arguments may be made

Question 3

Appeal from Court of Appeal to Supreme Court

Answer 3

• Court of Appeal or Supreme Court grant leave to appeal
• Point of law of general public importance is involved

Question 4

Youth Court

Answer 4

• For defendants aged 10-17
• Part of the Magistrates’ Court
• Court rooms not open to the public
• Modes of address not used
• Press subject to reporting restrictions
• Representatives remain seated when they address the bench and all parties and all parties sit at the same level

Question 5

Youth Defendants sent to Crown Court

Answer 5

• Charged with murder, attempted murder, manslaughter, certain firearms offences and specified violent, sexual or terrorism offences
• Charged with grave crimes (punishable in adult court by a sentence of 14+ years) and Youth Court declines jurisdiction

Declining jurisdiction:

• Cases should only be sent to Crown Court if it feels its maximum sentencing is insufficient and a sentence of long-term detention would be more appropriate
• There must be a real prospect of a custodial sentence substantially more than 2 years to decline jurisdiction

Jointly charged:

• Jointly charged with adult who is sent to Crown Court for trial
• Youth defendant jointly charged with defendant tried in Magistrates’ Court will also be tried in the Magistrates’ Court

Question 6

Referral Order

Answer 6

• Order that refers youth to Youth Offender Panel who agree a contract (from three to 12 months) with youth and their family to tackle causes of offending behaviour
• Panel consists of a member of the youth offending team and two community representatives
• Must be ordered if defendant pleads guilty to a first imprisonable offence and has not been convicted of an imprisonable offence before
• May be ordered if defendant pleads guilty to some but not all offender or has already received a referral order
• Cannot be ordered if the defendant pleads not guilty but is convicted after trial
• If referral order breached the court has discretion as to whether revoke the order and re-sentence or permit the order to continue

Question 7

Youth Rehabilitation Order

Answer 7

• Can last up to three years
• Includes such conditions as supervision by probation, unpaid work (max. 240 hours over 12 months), programmes, curfew, exclusion from specified area and residence requirements
• Youth equivalent of community order

Question 8

Detention and Training Order

Answer 8

• The custodial sentence available in Youth Court
• Only available to defendants aged 12+
• For defendants 12-14 only available for persistent young offenders (persistent young offender = sentenced on three occasions for an offence punishable by imprisonment)
• For defendants 15-17 are available as long as court thinks that the offence is so serious that only a custodial sentence is justified
• Can last 4, 6, 8, 10, 12, 18 or 24 months
• First half of sentence spent in custody and the second half is spent under the supervision of the Youth Offending Team (YOT)
• YOT will decide conditions of supervision period
• If supervision element is breached the court can order a further period of detention in custody