AS Level Law - Criminal Appeals
Description of the routes available for criminal appeals.
- Created by: MollieStreet
- Created on: 06-02-14 19:08
View mindmap
- 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
- Defendant only
- 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
- Under CJA 2003 - new + compelling evidence of guilt - Acquittal my be quashed
- 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
- Criminal Appeals Act 1995
- Prosecution
- 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
- Criminal Procedure + Investigation Act 1996
- 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
- From the Crown
- 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
- Defendant only
- To the Crown 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
- Under CJA 2003 - new + compelling evidence of guilt - Acquittal my be quashed
- 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
- Criminal Appeals Act 1995
- Prosecution
- 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
- Criminal Procedure + Investigation Act 1996
- From the Magistrates
- To the QBD
- Heard by a panel of 2 or 3 High Court judges
- Prosecution and Defence
- Defendant - against conviction, Prosecution - against aquittal
Comments
No comments have yet been made