Criminal Appeals Flowchart

A little flowchart showing the route of an appeal in a Criminal Court

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Alastair Hutton
Criminal Appeals!!
Normal Appeal Route ­ Defence only
Magistrates' Court
Crown Court
Can appeal against a conviction and/or a sentence
Nature of the hearing is a complete rehearing
It is heard by a Judge and 2 Magistrates
Possible outcomes include:
1. vary decision
2. confirm decision
3. decrease or increase sentence
4. reverse decision
Court of Appeal Criminal Division
Can appeal against a conviction and/or a sentence
Nature of the hearing is a point of law or new evidence
It is heard by 3 Lord Justices of Appeal
Possible outcomes include:
1. confirm conviction
2. vary conviction
3. decrease sentence
4. quash conviction
5. order retrial
Supreme Court
Nature of the hearing is a point of law that is of general public importance

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Alastair Hutton
Case Stated Appeal ­ Defence or Prosecution
Magistrates' Court
Divisional Court of Queen's Bench
Nature of appeal is on a point of law only
It is heard by 23 High Court Judges
Possible outcomes include:
1. confirm decision
2. vary decision
3. reverse decision
4.…read more

Comments

Smith E

Short but accurate and up to date (note Supreme Court and not the House of Lords). I think a flowchart is the most effective way of learning the appeal process and something as straightforward as this can secure you strong marks when applied in a question.

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