Criminal Procedure - Appeals

HideShow resource information
Preview of Criminal Procedure - Appeals

First 325 words of the document:

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
(a) Shall allow an appeal against conviction if they think
that the conviction is `unsafe' (new evidence later
(b) Shall dismiss such an appeal in any other case

Other pages in this set

Page 2

Preview of page 2

Here's a taster:

Prosecution Appeals…read more

Page 3

Preview of page 3

Here's a taster:

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
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


No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »