t28 -Appeals from the CC

Question 1

What is the ‘slip rule’ in sentencing?

Answer 1

It is the power of the Crown Court to vary or rescind a sentence or any other order within 56 days of it being made.

Question 2

Which court can apply the slip rule?

Answer 2

The Crown Court.

Question 3

What can the slip rule be used for?

Answer 3

1. To increase or reduce a sentence
2. To correct a sentence that was wrong in principle

Question 4

What is the time limit for using the slip rule?

Answer 4

56 days from the date of the original sentence or order.

Question 5

Appeals from CC to COA

Where must appeals relating to trial on indictment be made?

Answer 5

To the Court of Appeal (Criminal Division).

Question 6

What are the main routes of appeal from the Crown Court to the Court of Appeal?

Answer 6

1. Defence appeal against conviction on indictment
2. Defence appeal against sentence following conviction on indictment
3. Defence appeal against sentence after a committal for sentence from the magistrates’ court
4. Prosecution reference (by Attorney General) to review a sentence as unduly lenient
5. Prosecution reference (by Attorney General) for an opinion on a point of law following acquittal on indictment
6. Prosecution appeal against adverse (terminating) rulings made by the trial judge

Question 7

Who initiates a prosecution reference to the Court of Appeal?

Answer 7

The Attorney General.

Question 8

Can the prosecution appeal an acquittal?

Answer 8

Not directly, but the Attorney General can refer a point of law after an acquittal on indictment for an opinion only—it does not affect the acquittal.

DOES NOT AFFECT THE ACCUTUAL ACQUITAL

Question 9

Appeal by D following conviction on Indictment

What is the statutory authority for a defence appeal against conviction on indictment?

Answer 9

Section 1 of the Criminal Appeal Act 1968 (CAA 1968).

Question 10

Is leave required to appeal against conviction?

Answer 10

Yes, leave is required in most cases. However, in exceptional circumstances, the trial judge may certify that the case is fit for appeal.

Question 11

What test does the Court of Appeal use to determine the outcome of the appeal?

Answer 11

Under s2 CAA 1968, the Court shall quash the conviction if it thinks the conviction is unsafe.

Test: QUASH THE CONVICTION WHERE THEY FIND THE CONVICTION UNSAFE

Question 12

Can a defendant appeal a conviction even if they pleaded guilty?

Answer 12

Yes, a guilty plea does not bar an appeal against conviction.

Question 13

What are common reasons a conviction might be considered unsafe?

Answer 13

A:

1. Misdirection on a point of law by the judge during summing up to the jury, such as:

a) Incorrect explanation of the elements of the offence

b) Failure to explain the burden and standard of proof

c) Misleading direction on defences like self-defence or automatism

d) Failure to give a Turnbull direction in identification cases

e) Incorrect legal directions about character evidence or failure to testify

2. Misdirection or non-direction on factual issues, for example:

a) Failing to fairly summarise the defence case

b) Unbalanced or biased comments during summing up

c) Failure to direct jury on a critical issue of fact

Question 14

Can wrongful admission or exclusion of evidence lead to a successful appeal?

Answer 14

Yes. If the judge incorrectly admitted or excluded evidence (e.g., bad character, hearsay, or confession evidence) contrary to established principles, this may form the basis of an appeal.

Question 15

What is meant by erroneous exercise of judicial discretion in an appeal context?

Answer 15

An appeal may succeed where a judge:

a) Failed to consider relevant factors

b) Considered irrelevant factors

c) Failed to exercise discretion properly
These are rare but valid grounds.

Question 16

Can wrongful rejection of a submission of no case to answer lead to an appeal?

Answer 16

Yes, if the judge wrongly refused a valid submission of no case to answer, it may result in a successful appeal.

Question 17

Inconsitent verdicts may lead to the convictions being quashed where no reasonable jury applying its mind to the evidence oculd have reached the conclusion it did

Question 18

What kinds of defects in the indictment can lead to a conviction being quashed?

Answer 18

a) Improperly joined counts

b) Offences not recognised in law

c) Duplicitous counts (e.g., charging more than one offence in a single count)

Question 19

What jury-related irregularities could lead to a successful appeal?

Answer 19

a) Jury bias

b) Improper communication between juror and witness

c) Jury misconduct during deliberations

Question 20

What are inconsistent verdicts and why might they lead to an appeal?

Answer 20

If a jury returns inconsistent verdicts (e.g., acquitting on one count and convicting on another based on the same facts) and no reasonable jury could have done so, the conviction may be quashed.

Question 21

Can the conduct of the trial judge be a ground for appeal?

Answer 21

Yes, in rare cases. Grounds include:

1. Excessive judicial intervention
2. Hostility toward defence counsel

Question 22

Will the Court of Appeal always quash a conviction if one of these issues arises?

eX: Where judge has excessive judicial intervention or hostility towards defence counsel

Answer 22

Not necessarily. The Court considers the case as a whole. If the conviction is still deemed safe, it may be upheld. However, serious defects may require the Court to quash the conviction.

Question 23

What should be consulted to support an appeal?

Answer 23

Relevant case law should be researched to see how the Court of Appeal has treated similar issues in the past. ( where got judge doing stuff they shld not be doing) - hostility to counsel D, and excessive judicial intervention

Question 24

In what circumstances will the Court of Appeal interfere with a sentence?

Answer 24

A: The Court may interfere if:

1. The sentence was not justified in law
2. The sentence was wrong in principle or manifestly excessive
3. A matter was improperly taken into account at sentencing
4. A fresh matter has come to light which may affect sentence
5. There was a procedural error, e.g. failure to hold a Newton Hearing
6. The appellant has a justifiable sense of grievance, e.g. a sentence indication was not followed
7. There was a failure to distinguish between offenders where one had powerful mitigation
8. There is serious disparity between co-defendants’ sentences without good reason

(Though the key test remains: Was the appellant’s sentence manifestly excessive?)

Question 25

What can the Court of Appeal do when it determines an appeal against sentence?

Answer 25

It may: 1. Dismiss the appeal, confirming the Crown Court's sentence, or 2. Allow the appeal (in whole or in part) and substitute a new sentence

Question 26

Can the Court of Appeal increase a sentence on appeal by the defence?

Answer 26

No. Under s11(3) CAA 1968, the Court cannot impose a sentence more severe than the one passed in the Crown Court. ( it just subsititute the sentence that it think it should have been passed, but cant pass a sentnece which would have the effect of increasing the overall sentnece that appelant recieved in CC

Question 27

What is the time limit to lodge an appeal to the Court of Appeal?

Answer 27

A: 1. An appeal must be lodged within 28 days of conviction or sentence, whichever is being appealed (s18 CAA 1968). (The time limit can be extended, either before or after expiry)

Question 28

What are the responsibilities of defence counsel regarding appeal grounds?

Answer 28

1. Counsel must only settle grounds that are properly arguable. 2. If grounds exist, counsel should inform the client promptly. 3. Counsel must draft the Grounds of Appeal, which should: a) Set out relevant facts b) Clearly identify issues relied upon c) Provide justification for each ground ( The advocate MUST only settle grounds that they consider to be properly arguable)

Question 29

Can the appeal grounds be changed or added later?

Answer 29

1. Yes. Grounds may be “perfected” later (e.g. when transcripts are received). 2. Counsel will have 14 days to perfect the grounds once the documents are available.

Question 30

What documents must be lodged to begin the appeal process?

Answer 30

1. Form NG 2. Signed grounds of appeal 3. Any accompanying forms . These are submitted to the Registrar of the Court of Appeal, and first reviewed by a single judge.

Question 31

What MUST the respondent do in the appeal process?

Answer 31

The respondent may need to submit a Respondent’s Notice with a reply to the appeal grounds

Question 32

What happens if the single judge grants leave to appeal?

Answer 32

1. The appeal proceeds to the full Court 2. The Court of Appeal office notifies parties of the hearing date 3. A representation order is usually granted for counsel

Question 33

What happens if leave is refused by the single judge?

Answer 33

1. A further application can be made to the full Court (s31(3) CAA 1968) 2. Risk: If the appeal is unmeritorious, the appellant may lose time served—meaning time in custody during appeal may not count toward their sentence

Question 34

When must skeleton arguments be served?

Answer 34

A: 1. For conviction appeals: If the appeal notice does not clearly outline grounds, especially in complex or novel legal issues 2. For sentence appeals: Skeleton arguments are less common, but may be helpful in complex cases

Question 35

When referring to legal authorities in a skeleton argument, what must counsel do?

Answer 35

1. State the proposition of law the authority demonstrates 2. Identify the part of the authority that supports it 3. Only refer to authorities when necessary

Question 36

How many judges typically hear appeals in the Court of Appeal? ( for conviction and sentence/ sentence only)

Answer 36

a) 3 judges for appeals against conviction and sentence b) 2 judges for appeals against sentence only

Question 37

When is the prosecution usually represented in an appeal?

Answer 37

1. Always in an appeal against conviction 2. In appeals against sentence, only if there is a point of law requiring argument

Question 38

What does the Court of Appeal typically base its decision on? A:

Answer 38

1) Court transcripts 2) Submissions from counsel

Question 39

Can the Court of Appeal hear fresh evidence? Under what authority?

Answer 39

Yes, under s23 CAA 1968. The court has discretion to: 1. Hear evidence from original trial or 2. Admit fresh evidence, when necessary or expedient in the interests of justice

Question 40

What factors must the Court of Appeal consider before admitting evidence?

Answer 40

1. Under s23(2) CAA 1968, the Court must consider factors such as: a) Whether the evidence appears credible b) Whether it was available at the trial c) Whether its admission is necessary for justice d) Whether there is a reasonable explanation for why it was not presented earlier

Question 41

When is judgment delivered in the Court of Appeal?

Answer 41

a) Often immediately after submissions b) In complex cases, the Court may reserve judgment to deliver at a later date

Question 42

What happens if the Court of Appeal finds the conviction unsafe?

Answer 42

Under s2(2) CAA 1968, it MUST quash the conviction a) This has the same effect as an acquittal b) Unless the Court orders a re-trial under s2(3) and s7 CAA 1968

Question 43

When can the Court of Appeal order a re-trial?

Answer 43

a) If it is in the interests of justice b) Decision is at the discretion of the judges c) Requires balancing the appellant's rights against the public interest

Question 44

What happens if a re-trial is ordered?

Answer 44

Under s8 CAA 1968, the Court may: 1) Give directions for lodging a FRESH indictment 2) Make any other directions it thinks fit

Question 45

Can the Court of Appeal substitute a different guilty verdict?

Answer 45

Yes, the Court has limited power to substitute a conviction for another offence where: 1) The jury could have lawfully found the appellant guilty of the substituted offence 2) The offence is expressly or impliedly included in the original charge 3) The facts proved satisfy the substituted offence Example: Conviction for murder may be substituted with manslaughter due to fresh evidence (e.g. diminished responsibility)

Question 46

Prosecution Rights of Appeal What is an Attorney General’s Reference following an acquittal?

Answer 46

1. The Attorney General (A-G) can refer a point of law to the Court of Appeal after an acquittal 2. The purpose is to clarify the law for future cases 3. The acquittal remains unaffected – it does not overturn the defendant’s acquittal

Question 47

Can the Attorney General appeal a sentence?

Answer 47

Yes, in certain cases, the A-G may apply for leave to refer a case to the Court of Appeal on the basis that the sentence was unduly lenient

Question 48

What happens if the Court of Appeal grants leave for a sentence reference?

Answer 48

1. The Court will first review the case based only on the material that was before the sentencing judge 2. If the Court concludes that the sentence was unduly lenient, it may then: a) Receive fresh evidence, and b) Pass a new, correct sentence

Question 49

Terminating Rulings Can the prosecution appeal rulings during a Crown Court trial on indictment?

Answer 49

Yes. The prosecution can appeal certain rulings made by the Crown Court during trial on indictment.

Question 50

What type of ruling can be appealed by the prosecution?

Answer 50

The ruling must be: a) Terminating (i.e., ends the trial), or b) Significantly weaken the prosecution's case

Question 51

When and how does the prosecution initiate the appeal?

Answer 51

a) The appeal takes place while the trial is ongoing b) The prosecution MUST: i) Indicate intention to appeal, or ii) Request an adjournment to consider an appeal iii) This must be done immediately after the ruling is made

Question 52

What must the court do if the prosecution indicates intention to appeal?

Answer 52

The court must grant the adjournment, usually until the next business day

Question 53

What are the time limits for serving the notice of appeal?

Answer 53

a) If expedited: notice must be served the next day b) If not expedited: notice must be served within 5 days

Question 54

Who must receive the notice of appeal?

Answer 54

a) The Court b) The Registrar c) The Accused

Question 55

Who decides whether the appeal can proceed?

Answer 55

The trial judge decides whether to grant leave, after hearing representations

Question 56

What must the prosecution undertake if appealing?

Answer 56

They must undertake to offer no evidence (i.e., abandon the prosecution) if the appeal is unsuccessful

Question 57

Appeals to the Supreme Court What is the highest court in the UK?

Answer 57

The Supreme Court is the highest court in the United Kingdom.

Question 58

Who can appeal a Court of Appeal decision to the Supreme Court?

Answer 58

Either the prosecution or the defence may seek to appeal a decision of the Court of Appeal to the Supreme Court.

Question 59

Is there a right of appeal to the Supreme Court?

Answer 59

No, there is no automatic right of appeal. The appeal must meet specific criteria.

Question 60

What must the Court of Appeal certify before an appeal to the Supreme Court can proceed?

Answer 60

The Court of Appeal must certify that the appeal involves a point of law of general public importance.

Question 61

What are the conditions for leave to appeal being granted?

Answer 61

Leave to appeal will not be granted unless: 1. The Court of Appeal certifies a point of law of general public importance, and 2. Either the Court of Appeal or the Supreme Court considers that the point should be considered by the Supreme Court.

Question 62

What is the time limit for applying for leave to appeal to the Supreme Court?

Answer 62

An application for leave must be submitted to the Court of Appeal within 28 days of the decision or reasons being given.

Question 63

What form must be used and who must it be served on?

Answer 63

The application must be made using Form SC. It must be served on all parties and the Registrar.

Question 64

What is the role of the Criminal Cases Review Commission (CCRC)?

Answer 64

The CCRC may refer a conviction on indictment or the sentence relating to that conviction to the Court of Appeal at any time.

Question 65

Can the CCRC refer summary convictions?

Answer 65

Yes, the CCRC can refer any summary conviction or associated sentence to the Crown Court.

Question 66

What condition MUST be met for a case to be referred by the CCRC?

Answer 66

There must be a real possibility that the conviction or sentence will be quashed.

Question 67

When will the CCRC usually refer a case?

Answer 67

The CCRC usually refers a case when new information has come to light that was not known at the time of the conviction or sentence.