AS Level Law - Criminal Appeals

Description of the routes available for criminal appeals. 

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  • LAW- Criminal Appeals
    • From the Magistrates
      • To the Crown Court
        • Defendant only
          • If pleaded guilty, can only appeal against sentence
        • Reheard by a judge and two magistrates
          • Confirm, reverse or vary the conviction
          • Confirm, decrease or increase sentence
        • 14,000 appeals each year
          • 2/3 Succesful
      • The Supreme Court
        • From the Crown
          • Prosecution- if defendant was acquitted or if found guilty with a lenient sentence
          • Defence- Against conviction +/or sentence if pleaded not guilty, only sentence if pleaded guilty
          • To the Court of Appeal
            • Prosecution
              • Under CJA 2003 - new + compelling evidence of guilt - Acquittal my be quashed
                • Possible due to relaxation of the double jeopardy rule
              • S.36 CJA '88 - lenient sentence
              • S 36 CJA '72 - on point of law to get a ruling
              • Leave of appeal is needed
            • Defendant
              • Criminal Appeals Act 1995
                • Against conviction if 'unsafe' - can acquit or dismiss appeal
                • Against sentence - can confirm or decrease, NOT increase
              • Leave from Court of Appeal or Crown
          • To the QBD
            • Criminal Procedure + Investigation Act 1996
              • Against an acquittal that was an a result of jury nobbling - the acquittal may be quashed
            • Prosecution Only
        • If the QBD certifies that a point of law of general public importance is involved
        • If the QBD or Supreme Court give permission because the point ought to be considered here.
        • Prosecution and Defence
          • 12 Judges
        • Leave is needed
      • To the QBD
        • Heard by a panel of 2 or 3 High Court judges
        • Prosecution and Defence
          • Defendant - against conviction, Prosecution - against aquittal
        • To the Crown Court
          • Defendant only
            • If pleaded guilty, can only appeal against sentence
          • Reheard by a judge and two magistrates
            • Confirm, reverse or vary the conviction
            • Confirm, decrease or increase sentence
          • 14,000 appeals each year
            • 2/3 Succesful
    • From the Crown
      • Prosecution- if defendant was acquitted or if found guilty with a lenient sentence
      • Defence- Against conviction +/or sentence if pleaded not guilty, only sentence if pleaded guilty
      • To the Court of Appeal
        • Prosecution
          • Under CJA 2003 - new + compelling evidence of guilt - Acquittal my be quashed
            • Possible due to relaxation of the double jeopardy rule
          • S.36 CJA '88 - lenient sentence
          • S 36 CJA '72 - on point of law to get a ruling
          • Leave of appeal is needed
        • Defendant
          • Criminal Appeals Act 1995
            • Against conviction if 'unsafe' - can acquit or dismiss appeal
            • Against sentence - can confirm or decrease, NOT increase
          • Leave from Court of Appeal or Crown
      • To the QBD
        • Criminal Procedure + Investigation Act 1996
          • Against an acquittal that was an a result of jury nobbling - the acquittal may be quashed
        • Prosecution Only
  • To the QBD
    • Heard by a panel of 2 or 3 High Court judges
    • Prosecution and Defence
      • Defendant - against conviction, Prosecution - against aquittal

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