UK criminal courts + appeals Flashcards
does the Defendant (D) have an automatic right to appeal when appealing from Magistrates to crown court
they can appeal against conviction as long as they aren’t guilty
who will hear the appeal when the D goes from magistrates to crown court and how
there will be a judge and two magistrates, they can reach the same decision or reverse it
- prosecution can’t appeal!
- if D wants to appeal against conviction, A Notice if Appeals must be completed and served onto the MC within a 21 day limit
can the D appeal from Crown court (CC) to Court of Appeal (CoA) (criminal division BY DEFENDANTS)
-can only appeal if granted permission ONLY IF CONVICTION IS UNSAFE
can sentence be decreased from CoA by defendants (criminal division)
YES BUT NOT INCREASED ON D’S APPEAL
-can order a retrial in front of a new jury
prosecution can only appeal if: (appeals from CC to CoA, criminal division)
- JURY NOBBLING, jury may have been intimidated to give a lesser sentence
- new and compelling evidence, can have a retrial according to Criminal Justice Act 2003
either prosecution or defence can appeal but only: (CoA to Supreme Court)
-on point of law of public importance
who can appeal from magistrates court/ crown court to QBD
D or Prosecution can
what does ‘by way of case stated’ mean
interpretation of law that needs to be looked at again
who are usually in magistrate court
3 magistrates
who are usually in the QBD
2 high court judges
who are usually in CoA
3 Lord justices of appeal
who are usually in the supreme court
5 Law Lords
what must be the reason to appeal to QBD
-must be about a point of law by way of case stated
who hears the appeal in QBD
-2-3 high court judges
