Appeals 0.0 / 5 ? LawCriminal Procedure and Criminal EvidenceUniversityNone Created by: Sarah RocheCreated on: 10-06-17 11:55 What are the 2 main purposes of appeals? (1) achieve a factually correct result, (2) pursue legal/procedural correctness 1 of 24 What does Spencer say would prove less need for appeals? Fairer + more rational rules earlier on in process 2 of 24 SEE MINDMAP FOR TYPES OF APPEALS IN SUMMARY PROCEEDINGS AND PROCEEDINGS ON INDICTMENT SEE MINDMAP FOR TYPES OF APPEALS IN SUMMARY PROCEEDINGS AND PROCEEDINGS ON INDICTMENT 3 of 24 What are 2 main grounds for D's appeal? Jury got answer wrong OR procedural irregularities impinging on "safety" 4 of 24 Give case example of where jury got the answer wrong (or at least doubt as to D's conviction) Cooper 5 of 24 One procedural irregularity impinging on "safety": tribunal isn't independent/impartial Findlay v UK (subjective + objective lack of bias is required) 6 of 24 Another procedural irregularity impinging on "safety": incompetent legal representation Ullah (requires serious misconduct by a lawyer) 7 of 24 Another procedural irregularity impinging on "safety": refusal to stop case at half time Smith (must ignore D's case when determining whether there is a "case to answer") 8 of 24 What does Togher hold in respect of factually accurate convictions? Courts need to ensure conviction is safe + obtained through a fair process (so its not all about factual accuracy, also about procedural irregularity) 9 of 24 Can D appeal on the basis of new evidence? Possibly - s.23 CAA 10 of 24 Give an example of new evidence coming to light after the first appeal Evans (as in, the Ched Evans case) 11 of 24 Can there be a retrial? Very rarely (but yes, under s.7 CAA 1968) 12 of 24 What must P show in order to have a retrial? Evidence which is strong enough to overcome abuse of process argument: Bell 13 of 24 Retrials cannot be allowed where there is double jeopardy - but what did JFJ say about this? D must show he has been acquitted.convicted of exactly same crime on exactly same facts 14 of 24 What is the general rule on whether P can appeal against acquittals? P can't appeal (see mind map - only D can appeal from Crown Court to Court of Appeal when there are proceedings on indictment) 15 of 24 Where might P exceptionally appeal against acquittals? (4 situations) (1) "tainted acquittals", (2) retrial for "serious" offences, (3) AG's Reference, (4) interlocutory appeals 16 of 24 Which provision applies to "tainted acquittals"? s.54 CPIA 1996 17 of 24 Which provision applies to retrials for "serious" offences where there is "new and compelling evidence"? **.75-9 CJA 2003 18 of 24 Give an example of where there was "new and compelling" evidence? R v A: committing similar offences against victims of a similar age 19 of 24 Which provision is relevant for AG's Reference following an acquittal? s.36 Criminal Justice Act 1972 20 of 24 What is an interlocutory appeal? It is a trial itself 21 of 24 What are the 2 types of interlocutory appeals? "Terminating" rulings (**.58 + 61 CJA 2003) + evidential appeals (s.62) 22 of 24 Which type of interlocutory appeal is not yet in force? Evidential appeals 23 of 24 What does a terminating appeal allow P to challenge? TJ's refusal to grant an adjournment 24 of 24
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