Legal Systems of England and Wales - Appeals

Question 1

CIVIL CASES: Permission to appeal

Answer 1

Sought from the court that made the initial judgment. If refused, application can be made to the court to which the case will be appealed

Question 2

CIVIL CASES: Factors for permission to appeal to be granted

Answer 2

Claim looks to have real prospect of success OR another pressing reason to hear the case

Question 3

Crown Court appeals

Answer 3

Appeals against verdict (provided D has not pled guilty) and sentence. Full re-hearing

Question 4

High Court appeals

Answer 4

Both Crown and defendant can apply to High Court to hear appeal if Magistrates’ Court incorrectly applied procedure. Panel of three judges

Question 5

Admin Court

Answer 5

Either party can apply if they feel that the process of the judgment was incorrect and, thus, the court acted ultra vires

Question 6

Court of Appeal

Answer 6

Only convicted party - either conviction or sentence. Must be within 28 days of conviction or sentencing. Can submit out of time appeal or submit appeal to Criminal Cases Review Commission if fresh evidence

Question 7

Supreme Court

Answer 7

Point of law of public importance