Pages in this set

Page 1

Preview of page 1
Criminal Appeals

Appeals from the magistrate's court.

Different route than crown court.
Route depends on whether appeal on a point of law or another reason.
2 routes: Crown Court or Queen's Bench Divisional Court.

Appeals to the crown court.

Normal route.
Only available to defend.
If defendant pleaded guilty or…

Page 2

Preview of page 2
The Criminal Justice and Immigration Bill 2007 proposes to amend the grounds for
appeal.
It will add a provision that a `conviction is not unsafe if the Court of Appeal are satisfied
that the appellant is guilty of the offence'.
Challenge criticised.

Court of Appeal's powers.

Can allow the defendant's…

Page 3

Preview of page 3
Against sentencing.

Section 36 of the Criminal Justice act 1988 the Attorney-General can apply for leave to
refer an unduly lenient sentencing to the Court of Appeal for re-sentencing.
For indictable cases only.
Extended in 1994 to many triable either way offences.

Cases:

Luan Plakici, found guilty of kidnapping, procuring…

Page 4

Preview of page 4
The Criminal Appeal Act 1995 established the Criminal Cases review commission; the
proposal was made by Royal Commission.
It's responsible for bringing cases where possible miscarriage of justice to the attention
of Court of Appeal if it was originally heard by the Crown Court.
Either a person can apply to…

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »