Appeals

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What are the 2 main purposes of appeals?
(1) achieve a factually correct result, (2) pursue legal/procedural correctness
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What does Spencer say would prove less need for appeals?
Fairer + more rational rules earlier on in process
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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
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What are 2 main grounds for D's appeal?
Jury got answer wrong OR procedural irregularities impinging on "safety"
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Give case example of where jury got the answer wrong (or at least doubt as to D's conviction)
Cooper
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One procedural irregularity impinging on "safety": tribunal isn't independent/impartial
Findlay v UK (subjective + objective lack of bias is required)
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Another procedural irregularity impinging on "safety": incompetent legal representation
Ullah (requires serious misconduct by a lawyer)
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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")
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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)
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Can D appeal on the basis of new evidence?
Possibly - s.23 CAA
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Give an example of new evidence coming to light after the first appeal
Evans (as in, the Ched Evans case)
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Can there be a retrial?
Very rarely (but yes, under s.7 CAA 1968)
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What must P show in order to have a retrial?
Evidence which is strong enough to overcome abuse of process argument: Bell
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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
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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)
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Where might P exceptionally appeal against acquittals? (4 situations)
(1) "tainted acquittals", (2) retrial for "serious" offences, (3) AG's Reference, (4) interlocutory appeals
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Which provision applies to "tainted acquittals"?
s.54 CPIA 1996
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Which provision applies to retrials for "serious" offences where there is "new and compelling evidence"?
**.75-9 CJA 2003
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Give an example of where there was "new and compelling" evidence?
R v A: committing similar offences against victims of a similar age
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Which provision is relevant for AG's Reference following an acquittal?
s.36 Criminal Justice Act 1972
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What is an interlocutory appeal?
It is a trial itself
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What are the 2 types of interlocutory appeals?
"Terminating" rulings (**.58 + 61 CJA 2003) + evidential appeals (s.62)
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Which type of interlocutory appeal is not yet in force?
Evidential appeals
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What does a terminating appeal allow P to challenge?
TJ's refusal to grant an adjournment
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Other cards in this set

Card 2

Front

What does Spencer say would prove less need for appeals?

Back

Fairer + more rational rules earlier on in process

Card 3

Front

SEE MINDMAP FOR TYPES OF APPEALS IN SUMMARY PROCEEDINGS AND PROCEEDINGS ON INDICTMENT

Back

Preview of the front of card 3

Card 4

Front

What are 2 main grounds for D's appeal?

Back

Preview of the front of card 4

Card 5

Front

Give case example of where jury got the answer wrong (or at least doubt as to D's conviction)

Back

Preview of the front of card 5
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