Crown Court Appeal Process Flashcards
What is the Appeal Process from Crown Court?
Appeals from conviction and/or sentence on indictment sent to Court If Appeal (Criminal Division)
When is an Appeal to the Court Of Appeal possible?
Defendant granted Appeal Certificate by trial judge within 15 days + applied within 28 days of conviction
When can The Court Of Appeal grant Permission (act)
under The Criminal Appeal Act 1995
permission can be granted when conviction was unsafe
What can The Court Of Appeal do?
quash conviction, dismiss appeal, decease sentence, vary conviction or fore re-trial
Can Further Appeals from the Court Of Appeal be made?
Can be considered to be taken to Supreme Court on basis that the appeal was on a point of law
Can Appeals by Prosecution be made?
Generally cant appeal against Crown Court acquittal
Attorney General can now refer questions on a point of law to Court of Appeal
How many Routes Of Appeal are available to the Prosecution
4 : Against Judges ruling Against Acquittal (2 instances) Against Sentencing Referring to a Point of Law
When can Appeal be made against Judges Ruling
Criminal Justice Act 2003
-allows for prosecution to appeal when judge’s ruling on a point of law essentially disabled case against defendant
prevents error of law by judge leading to acquittal
When can Appeal be made against Sentence?
Attorney General may refer sentence to Court of Appeal w belied the sentence is Unduly Lenient
What Appeal can be made Referring to a Point Of Law?
Judge made a mistake in explaining law to jury
What is the 1st Instance Prosecution able to Appeal against Acquittal?
[1996 ACT]
Criminal Procedure and Investigations Act 1996
—allows prosecution to appeal acquittal due to jury being threatened by defendants associates
What is the 2nd Instance Prosecution can Appeal against Acquittal?
[2003 ACT]
Criminal Justice Act 2003
—abolished “double jeopardy rule” meaning new + compelling evidence proving acquitted persons guilt allows serious offences to be tried again
