appeals

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  • Created by: Area16
  • Created on: 11-12-20 19:08
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  • appeals
    • mags
      • only availible to D- automatic right, doesn't need permission
        • if pled G- can only appeal about sentence
          • if pleads NG at mags and was still convicted then can also appeal against that
      • appeal occurs at CC heard by 1 judge 2 mags
        • change sentence length, reverse decision, confirm conviction etc
      • if allowed then goes to 2 HC judges
        • rarely goes to supreme
    • crown
      • right to appeal conviction/sentence
        • CoA only allow conviction appeals if they think that it is unsafe
          • if so, quash conviction, convict of lesser offence, dismiss, retrial, or decrease sentence
      • D can produce fresh evidence in appeal
    • by prosecution
      • if judge gives wrong point of law then prosecution can appeal to avoid accquittal
        • if acquitted by jury, prosec. can appeal if...
          • jury has been nobbled
            • new+compelling evidence in public interest for retrial and DPP consent to reopening, acq. quashed and retrial ordered
              • eg DNA evidence
    • supreme court
      • rare
      • both defence+prosecution can appeal
      • must have a point of law of general public importance and with permission from either SC or CoA
    • appeal hearings
      • lay mags can go to CC to hear appeals from mags
        • 2 (not from original trial) can sit with judge to form a panel
        • they decide whether D is guilty or not
          • they decide sentence

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