Process & Appeals 2

Question 1

How can an appeal from crown court be made?

Answer 1

In order to appeal from the Crown Court, D must apply for and be granted ‘leave’ to appeal. This means permission from the Court of Appeal

Question 2

What appeals can be made?

Answer 2

• Appeals against conviction

- Appeals against Sentence

Question 3

Who hears these appeals

Answer 3

3 Judges (Lord Justices of Appeal)

Question 4

What can they do to D’s conviction?

Answer 4

• Uphold it
• Quash it
• Vary it
• Order retrial

Case: R v George

Question 5

What can they do to D’s sentence?

Answer 5

• Uphold it
• Decrease it
• Cannot Increase it

Case: R v Herbert

Question 6

R v George?

Answer 6

-Appealed from Crown Court to C of A…
…against his conviction for murder
-2002: 1st appeal was dismissed (conviction upheld)
-2007: 2nd appeal focused on forensic evidence (microscopic particle of gunshot residue)
-2nd appeal was allowed and conviction was quashed
-C of A also ordered that George face a retrial (without that evidence)
-2008: At his retrial in the Crown Court, George was acquitted.

Question 7

R v Herbert?

Answer 7

-Appealed from Crown Court to C of A…
…against his sentence for murder
-D claimed his min term sentence was too harsh
-Appeal was successful and D’s sentence was reduced by 9 months
-C of A decided judge in Crown Court had NOT given enough consideration to D’s ‘guilty’ plea

Question 8

R v Philpott

Answer 8

-Appealed from Crown Court to C of A…
…against her sentence for manslaughter
-D claimed her 17 year sentence was too harsh
-Appeal was unsuccessful and D’s sentence was upheld / confirmed
-C of A judges decided that the judge in Crown Court had got her sentence right

Question 9

Whats an appeal by the prosecution?

Answer 9

• An appeal against a judge’s ruling
• If a judge makes a ruling on a point of law which stops the case, the Prosecution can appeal (Criminal Justice Act 2003) to CoA which can order continuation of trial or a retrial. I.e. a direct acquittal
• Appeal against acquittal
• ‘Jury nobbling’
• If D is acquitted due to a juror being bribed or threatened the Prosecution can appeal asking for acquittal to be quashed and D to be retried.
• Due to new and compelling evidence
• If D has been acquitted of a crime but new and compelling evidence comes to light, then the prosecution can appeal, ask the CoA to quash D’s acquittal so that D can be retried (Criminal Justice Act 2003)
• Appeals by referring a point of law
• Where the trial judge has made an error in the law (resulting in D’s acquittal), the Prosecution can ask the Attorney General to ask the CoA to make a ruling on the point of law to clarify what the law says for future cases. (Criminal Justice Act 1972)
• Appeal against an ‘unduly lenient’ sentence
• The Prosecution can ask the Attorney General to refer a case to the CoA for D’s sentence to be increased if it is thought to be unduly lenient (Criminal Justice Act 1988). The CoA can increase the sentence up to max available for the crime.