Criminal Procedure - Appeals

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Appeals
Prosecution rights to appeal Defence rights to appeal
Case stated appeals Case stated appeals
Against acquittal (nobbling or new Against conviction/sentence from
evidence) Magistrates
Against a judge's ruling Against conviction/sentence from
Against a lenient sentence Crown Court
Defence Appeals
From the Magistrates' Court:
Only available to defence
Appeal made to Crown Court
If the D pleaded guilty, they can only appeal against sentence
If they pleaded not guilty, they can appeal against conviction or sentence
D has an automatic right to appeal
At the CC, the case is reheard by a judge and two magistrates
They can confirm the conviction or reverse decision
Sometimes the decision varies and they find D guilty of a lesser crime
When against sentence, CC can confirm, increase/decrease the sentence however cannot
surpass a Magistrates' sentencing power (6 months/£5,000)
If it becomes apparent there is a p.o.l. to be decided, the CC can decide it but there may
be a possibility of further appeal to the Q.B.D
From the Crown Court:
Appeal against conviction/sentence to CoA (CD)
If found guilty at the end of trial, lawyer should advise them on possibility of appeal
Must be told verbally @ court or in writing w/in 14 days
Notice of appeal must be filed w/in 28 days of conviction
Leave to appeal
Rules set out in Criminal Appeal Act 1995
D must get leave to appeal from CoA or a certificate that the case is fit for appeal from the
trial judge.
Criminal Appeal Act
1995 states that the
CoA:
(a) Shall allow an appeal against conviction if they think
that the conviction is `unsafe' (new evidence later
found)
(b) Shall dismiss such an appeal in any other case

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SELF TEST QUESTIONS:
1. What are the appeal routes/options for the prosecution? Case stated appeals,
against an acquittal, against a judge's ruling, against a lenient sentence.
2. Where may a defendant appeal to against sentence or conviction from the
Magistrates Court? Crown Court or Queens Bench Divisional Court (High
Court).
3. What is a case stated appeal? Appeals on a point of law only, no witnesses
are called as the facts are accepted.
4.…read more

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