appeals
- 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
- if pled G- can only appeal about sentence
- 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
- only availible to D- automatic right, doesn't need permission
- 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
- CoA only allow conviction appeals if they think that it is unsafe
- D can produce fresh evidence in appeal
- right to appeal conviction/sentence
- 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
- new+compelling evidence in public interest for retrial and DPP consent to reopening, acq. quashed and retrial ordered
- jury has been nobbled
- if acquitted by jury, prosec. can appeal if...
- if judge gives wrong point of law then prosecution can appeal to avoid accquittal
- 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
- lay mags can go to CC to hear appeals from mags
- mags
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