Appeals

View mindmap
  • Appeals from the crown court
    • Defendant
      • May apple also against conviction, sentence or both to the Court of Appeal criminal division (leave must be granted by either the trial judge or from the Court of Appeal itself
        • Only ground for allowing an appeal against conviction is that the conviction is unsafe and the Court of Appeal may order a retrial or quash the conviction if it allows the defendants appeal
          • When hearing an appeal, Court of Appeal. At admit new evidence in the interests of justice
            • The criminal cases review commission may refer back to the Court of Appeal after all routes have been exhausted if there is a miscarriage of evidence
    • Prosecution
      • May ask the Attorney-General to seek leave from the Court of Appeal to consider an unduly lenient sentence
        • Attorney-General may refer a point of law to the Court of Appeal if the prosecution is concerned about an acquittal
          • If there is evidence of jury tampering, the prosecution may apply to the High Court for the acquittal to be set aside and a retrial ordered
            • In 2003 the abolishment of the double jeopardy rule, meant the Director of Public Prosecutions may apply to the Court of Appeal to overturn an acquittal and order a retrial if there is new evidence
              • The prosecution may appeal against a ruling on law made by a judge in a crown court trial

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all The Criminal courts and lay people resources »