describe appeal and apellante court in the criminal process Flashcards
how many types of appeal are there in the magistrates court
2
where can a defence be appealed to in criminal cases
to crown court as of right against the conviction and/or the sentence
court is heard by a judge and / magistrates conviction may be confirmed, reversed or voted to find defendant guilty of lesser offences
can be confirmed or increased
what time of case can be made to the king bench division court
case stated appeal on a point of law
what might the defence
appeal against the convictions on point of law court may confirm, reverse or send the case back to the magistrates court for a retrial
what might he prosecutions do
appeal against acquittal on point of law ->confirm or quash decision or send back to the magistrates court for a retrial
as the stephen lawrence murder 2012
what is the first type of appeal for the crown court
defence may appeal to court of appeal (criminal ) against conviction and/pr sentence on grounds that conviction is unfair
what is the first type of appeal for the crown court example
d doesn’t feel they were given four trial -> leave is required under the CRIMINAL APPEAL ACT 1995 application made 28 days of decision
what is the second type of appeal for the crown court
prosecution may ask Attorney General to review unduly lenient sentence —> leave is only given in very serious cases & application must be made 28 days of the decision
what is the third type of appeal for the crown court example
prosecution may be appealed to the kings bench divisional court against acquittal on grounds of jury nobbling where family or friends of the defendant have threatened or intimidated one or more members of the jury
what might the court do in the first appeal for the crown court
court may order a retrial or quash the conviction
sentence may be reduced but not increased
what might attorney general do in the second appeal for the crown court
send the case to the court of appeal (criminal) who can increase sentence or keep it the same
what might KBD do in the third appeal for the crown court
order a retrial or even retrial without jury —> appeal can be made by prosecution or defence from the court of appeal
to the supreme court on grounds there is point of law of public importance
where is leave required from
either court of appeal or supreme court
what might the supreme court do for a criminal case
confirm, reverse or vary decision or order a retrial
