The criminal courts and lay people- appeal Flashcards
Who can an appeal be made by?
- The prosecution
- The defence
How can the defence appeal at a magistrates court?
-to the crown court regarding the facts.
-reheard by circuit judge + 2 mags
-can quash/ vary sentence
-cannot go above max mags sentence of 6mnths
What happens if a point of law emerges following an appeal to the crown court from the magistrates? (from the defence)
magistrates appeal
-it will be sent to the high court or the kings bench division.
How can the defence and prosecution appeal based on a point of law?
magistrates appeal
-appeal from the mags to the KBD or high court.
-high court will retry and will either reverse, aquit or charge diff offence.
-final appeal to the SC if point of law of public importance.
How can the defence appeal from the crown court?
-criminal appeals act 1995.
-Court of Appeal -vary the sentence, vary the offence ,re-trial, quash the conviction,
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What must an appeal from the defence on facts require from the crown court?
Defence appeal
-substantial new evidence and leave to appeal.
Who may ask the Court of Appeal to grant an appeal if they believe that a miscarriage of justice has occurred at the crown court?
Defence appeal
The criminal case review commission.
What can appeals also be made considering (from the defence from the crown)?
Defence appeal
-law (misdirecting jury)
-harsh sentence
Who may cases concerning human rights issues may be appealed further to?
Defence appeal from the crown.
-The European court of human rights.
How can the prosecution at the crown court appeal?
under CJA 1972. (When aquitted but law needs to be changed future)-
AG under CJA 1988- lenient sentences.
-CJA 2003- new evidence.
Why would the prosecution appeal under Criminal Procedure and Investigations Act 1996?
Crown court
-witness or jury interference.
Who is the final point of appeal from the crown court?
Prosecution and defence
-final appeal to the SC if point of law of public importance.
