Defendant's Right to Appeal Flashcards
What must the defendant get from The Court of Appeal or the trial judge?
Leave to appeal or a certificate that the case is fit for appeal.
Why must the defendant get leave to appeal?
To save the court’s time.
How is an application considered?
By a single judge of The Court of Appeal.
What can the defendant do if his application is refused?
He can apply to a full Court of Appeal.
What act gives The Court of Appeal grounds for appeal?
The Criminal Appeal Act 1995.
What does The Criminal Appeal Act 1995 state about the ground for appeal?
The court can:
- Allow an appeal against conviction if they think that the conviction is unsafe; and
- Shall dismiss such an appeal in any other case.
What is the standard for new evidence?
It must appear to be capable of belief and would afford a ground for an appeal.
What must be considered when new evidence is produced?
Whether it would have been admissible at trial and why it was not produced at that trial.
What can The Court of Appeal do if the conviction is deemed unsafe?
They can allow the appeal and quash the conviction.
How can The Court of Appeal vary the conviction?
To that of a lesser offence, of which the jury could have convicted the defendant.
What can The Court of Appeal do if the conviction is deemed safe?
They can dismiss the appeal.
What power does The Court of Appeal have in regards of retrials?
They can order a retrial of the case in front of a new jury.
What power does The Court of Appeal have in regards of increasing or decreasing a defendant’s sentence?
If the appeal is against sentence they can decrease the sentence but cannot increase it.
