Criminal Process

Question 1

The defendant can appeal against what?

Answer 1

Conviction and/or sentence to the Court of Appeal Criminal Division.

Question 2

At the end of a trial in which the defendant has been found guilty, his lawyer should do what?

Answer 2

Advise him on the possibility of an appeal.

Question 3

How can a lawyers advice to the defendant be given?

Answer 3

Verbally at the court or in writing within 14 days of the end of the trial.

Question 4

What has to be done in order to appeal?

Answer 4

A notice of appeal must be filled at the Court of Appeal Criminal Division within 28 days of conviction.

Question 5

Where are the rules of appeal set out?

Answer 5

By the Criminal Appeals Act 1995.

Question 6

What must the defendant do before he can appeal?

Answer 6

Get leave to appeal from the Court of Appeal or a certificate that the case is fit for appeal from the trial judge.

Question 7

Who is the application for leave to appeal considered by?

Answer 7

A single judge in the Court of Appeal.

Question 8

What if the judge refuses the application for leave to appeal?

Answer 8

The defendant can apply for the decision to be made by a full court.

Question 9

What states when an appeal should be heard?

Answer 9

The 1995 Act.

Question 10

What does the 1995 Act say the Court of Appeal should do?

Answer 10

They should allow an appeal against conviction if they think that the conviction is unsafe. They shall dismiss an appeal in any other case.

Question 11

The Court of Appeal has taken a broad approach to meaning of ‘unsafe’ since what?

Answer 11

Since the Human Rights Act 1998.

Question 12

What should any new evidence appear to be?

Answer 12

Capable of belief.

Question 13

What would have to be considered together?

Answer 13

Whether the new evidence would have been admissible at the trial and why it was not used.

Question 14

What can the court of appeal do?

Answer 14

The court of appeal can allow the defendants appeal and quash the conviction. They can vary it to that of a lesser offence. With regards to sentence they can decreased it but they cannot increase it. The court of appeal also has the power to order a retrial in front of a new jury.

Question 15

What did the prosecution have no right too originally?

Answer 15

To appeal against either verdict or sentence.

Question 16

Appeals against acquittal?

Answer 16

Where jury ‘nobbling’ has taken place then the Criminal Procedure and Investigations Act 1996 allows an application to be made to the High Court for an order quashing the acquittal. Once the acquittal is quashed the prosecution can begin proceedings for the same offence.

Question 17

Referring a point of law?

Answer 17

The prosecution also has a special referral right in cases where the defendant is acquitted. This is under s36 of the Criminal Justice Act 1972. This allows the Attorney General to refer a point of law to the Court of Appeal in order to get a ruling on the law. The decision on that point of law does not affect the acquittal but creates a precedent in future cases.

Question 18

The Attorney General?

Answer 18

Can apply for leave to refer any unduly lenient sentence to the Court of Appeal for re-sentencing. The main difficulty with this is for the Attorney-Geneneral to be aware of cases. Most cases are sent tot he Attorney- General by the Crown prosecution Service but the general public can write and so too can Mps on a victims behalf.