Grounds and orders on appeal from CC to CoA Flashcards
Summary of chronology of appearl to the CoA from CC:
- Does the trial Judge certify the case as fit for appeal? If so, no need for leave from CoA. (Only certified in very exceptional cases)
- If not, notice of appeal must be sent to the Crown Court within 28 days of the conviction or sentence (whichever is being appealed)
- On receipt the Registrar will either: (1) Send to the Single Judge; or (2) Refer directly to the full CoA.
- If leave is refused by either, appellant has 10 business days to renew application for leave before the full CoA.
- If leave is granted the matter is listed for appeal before: (1) A 2 Judge Court for sentence appeals (2) A 3 Judge Court for conviction appeals
What are the common grounds against conviction?
- wrongful admission/exclusion of evidence
- wrongful rejectino of a submission of no case to answer
- wrongful withdrawal of issues from the jury
- misdirection on law/facts in the summing up
- conduct of the trial judge
- inconsistent jury verdicts
- fresh evidence
- defects in the indictment
- conduct of lawyers
What are common grounds against sentence?
- wrong in law
- wrong in principle
- manifestly excessive
- legitimate expectation
- J fails to take account of relevant matters
- J takes into account improper considerations
- unjustified disparity between co-Ds or a failure to distinguish between offenders
Is appealing a plea of guilty allowed?
Yes, appealing a plea of guilty is allowed:
- This is common when the plea follows a legal ruling by the judge that left no option but to plead guilty.
- Can also be on the basis of incorrect legal advice (but more common to apply first to CC to vacate the plea)
What happens if the legal advice was correct and the plea was entered voluntarily?
If the advice is correct and the plea was entered of the defendant’s own free will, it is unlikely that the plea will be interfered with.
What order regarding counsel is usually given when leave to appeal is granted?
A registrar or single judge usually grants a representation order for junior counsel.
Is the respondent usually represented at a sentence appeal?
No, the respondent is usually not represented at a sentence appeal but will be at a conviction appeal.
Who prepares the summary for the appeal?
The summary will be prepared by a Criminal Appeal Office Lawyer.
When must the appellant serve their skeleton and why?
- The appellant must serve their skeleton 21 days prior to the hearing.
- If the appeal notice does not suffice e.g there are complex issues or novel points of law
When must the respondent serve their skeleton?
The respondent must serve their skeleton 14 days prior to the hearing.
What is the general rule regarding the appellant’s presence at the appeal?
The general rule is that the appellant is entitled to be present at the appeal unless they are in custody (need court permission)
What is the test on appeal against conviction?
The court can allow an appeal if they think that the conviction is unsafe.
What is the test on appeal against sentence?
The court can allow an appeal if they think the defendant should have been sentenced differently.
What powers does the court have on appeal regarding a conviction?
- Quash
- Order appellant to be retried
- Substitute with an alternative offence if the jury could have convicted on that basis.
CoA can NOT increase a sentence of the CC.
What powers does the court have on appeal regarding a sentence?
The court can quash the sentence or pass another sentence or order that the court below could have made.
What is a Loss of Time Order?
It is an order that the time spent in prison between lodging an appeal and dismissal does not count towards the sentence.
When is a Loss of Time Order imposed?
It is imposed when the application is considered wholly without merit.
Who can impose a Loss of Time Order?
It can be imposed by a single judge but is more commonly imposed by a full court.
How is evidence treated on an appeal to CoA from CC?
It is not a retrial, therefore fresh evidence is generally not allowed. However, it will be allowed if it is fresh interest - must be necessary and in the interests of justice
What can count as fresh evidence?
Witnesses, documents - CoA may order documents or witnesses to attend for examination or receive evidence.
What factors must be considered for Fresh Evidence?
The court must consider if:
- the evidence is believable
- it may afford a ground for appeal
- it would have been admissible in the original case
- there is a reasonable explanation for not presenting it originally.
Who can be compelled to attend regarding Fresh Evidence?
Jurors and legal representatives (subject to waiver of privilege) can be compelled to attend.
