Appeals from Criminal Courts

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  • Appeals from Criminal Courts
    • Magistrates' Court
      • From
        • Made either to: Crown Court or High Court: QBD (courts of first instance)
    • Crown Court
      • this is an appeal court and a first instance court
      • From
        • D can appeal to Court of Appeal on conviction or sentence.
          • Since CJA 2003, prosecution has a limited right to appeal against an acquittal
            • D can be retried by new jury if 'new and compelling evidence' is presented or if jury is nobbled
              • e.g. Stephen Lawrence murderers
    • High Court: Queen's Bench Division
      • To
        • Appeals made only on points of law
          • D can only appeal if law is misinterpreted or there's a mistake.
          • both prosecution and defence can use this route
          • difficult to appeal here
      • From
        • Can leapfrog appeal to Supreme Court if point of law is of general public importance
          • rare - require permission from court to do so
            • e.g. C v DPP
    • Supreme Court
      • To
        • defendant and prosecution can appeal here
          • only on a point of law of general public importance!!
            • rare
              • leapfrog appeals in civil courts are rare but rarer in criminal courts!
    • MADE BY DEFENDANT ONLY

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