Criminal Appeals

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What factors are taken into consideration when deciding what court to put the appeal in?
The court in which the trial took place
Whether it is the defendant or prosecution appealing
Whether the appeal related to the verdict or sentence
Whether the appeal involves a point of law
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What is the procedure for the appeals from the magistrates court to the crown court?
The d may appeal as of a right
No need to obtain leave
If pleaded guilty can only appeal against sentence and if pleaded not guilty can appeal against conviction or sentence
May appeal on point of law or fact
Appellant must lodge an appeal within 21 days
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What happens when you appeal in the crown court?
Appeal heard by 2-4 lay magistrates and 1 judge
Where theres division of opinion the majority decision stands
Take the form of a complete re hearing
Witnesses will be called to give evidence
New evidence is allowed
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What powers do the crown court have in appeals?
CC may quash or uphold the conviction
Court MUST give reasons for the decision failure to do so give rise to an action for Judicial Review for breach of Art 6 European Convention of Human Rights
Court may review the sentence and pass any sentence up to th
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What happens with further appeals from a crown court appeal?
No further appeal against sentence
Case stated appeal may be made to the Queens Bench
May only be on a point of law
May be used by both the prosecution and defense
From divisional court there is further appeal to the SC on point of law of general public
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What happens to case stated appeals to the Divisional Court of the Queen's Bench under s.111 MCA 1980?
Can be used by prosecution and the defense
Must be on grounds that the decision of the magistrates was wrong in law or in excess of jurisdiction
If d makes an application for case stated appeal they loose the right to appeal to CC
Application must be mad
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What happens in case stated appeals?
Magistrates may refuse to state a case on the grounds that it is frivolous unless the application is made or authorised by Attorney Central
Magistrates must give reason for their refusal
If they refuse to state a case the applicant may apply directly to t
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What is the format of an appeal?
The magistrates court must prepare a draft case which must:
-specify the decision in issue
-specify the question of law or jurisdication on which the opinion of the HC will be asked
-Include a succint summary of the nature and history, courts relevant fin
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What happens in the format of appeal CPR 64.3?
draft case served on the prosecution and defendant, have 21 days to make representations or request a redraft, case stated to the HC on expiry of 21 days, DC of Queens bench comprising of a panel of 2-3 pusine judges reach decision, No evidence is called
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What is powers of the divisional court?
The HC shall hear and determine the question arising on the case and shall a)reverse, affirm or amend the determination in respect of which case has been stated b)remit the matter to magistrates court or CC with opinion of the HC and may make such other o
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What happens to further appeals in the divisional court?
An appeal from the divisional court of queens bench division can be made to the SC, leave must be granted either by divisional court of SC, leave may only be granted if appeal involves point of law of general public importance and it appears that it ought
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What is the defences right of appeal?
The d may appeal against conviction to the Court of Appeal under the criminal appeals act, the d must either obtain a certificate from the CC that the case is fit for appeal or obtain leave from Court of Appeal, may also appeal against sentence, leave is
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What is the criminal cases review commission?
where leave has been refused and the defendant may apply to the Criminal cases review commission to investigate into their case
If commission is satisfied on the evidence that there has been a miscarriage of justice they may refer the case to the Court o
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What is the defendants appeal against conviction in the court of appeal?
Appeals heard by the lord chief justice and 2 other judges, the court of appeal may allow an appeal on grounds that the conviction is unsafe and will dismiss in all other cases, if appeal allowed court must quash conviction, CoA has power to substitute a
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What is the defence appeal against sentence in the court of appeal?
Appeals heard by 2-3 judges, an appeal against sentence the CofA can consider the appelant should be sentenced differently for an offence and the court can a)quash any sentence or order subject to appeals b)in place pass a sentence or make order as they t
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What is the prosecutions right of appeal against verdict or termination of proceedings?
No right of appeal against a jurys verdict of not guilty, The Attorney General may refer point of law to the Court of Appeal to give ruling of law, doe not affect the acquittal of the defendant, prosecution may appeal to the court of appeal against judges
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What is the prosecutions rights against verdict or termination of proceedings?
Additionally a re-trial may be ordered in two instances: where there is evidence of jury nobbling, under the Criminal Justice Act 2003 where there is new and compelling evidence in serious crimes and approval by the DPP has been granted
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What is the prosecutions right of appeal against sentence?
The Attorney General may refer a case to the Court of Appeal on the grounds of an unduly lenient sentence, leave is required from the Court of Appeal, The Court of Appeal may quash the sentence and impose a sentence they think appropriate up to the maximu
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What appeals from the court of appeal?
No appeals against sentence, an appeal may be made to the Supreme Court by the prosecution or defence against the decision of the Court of Appeal under s.33 Criminal Appeals act
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What happens to the appeals in supreme court?
leave is required from either CofA or SC, leave will not be granted unless certified by CofA that a point of law of general public importance is involved in the decision and it appears to the CofA of the SC that the point of one which ought to be consider
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What happens in the supreme court?
Appeals are heard by a minimum of 3 Justices of the Supreme Court, exceptionally 7 will sit, the supreme court may exercise same powers of the Court of Appeal in relation to disposing the appeal, quash the conviction, substitute convicition, order re tria
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Other cards in this set

Card 2

Front

What is the procedure for the appeals from the magistrates court to the crown court?

Back

The d may appeal as of a right
No need to obtain leave
If pleaded guilty can only appeal against sentence and if pleaded not guilty can appeal against conviction or sentence
May appeal on point of law or fact
Appellant must lodge an appeal within 21 days

Card 3

Front

What happens when you appeal in the crown court?

Back

Preview of the front of card 3

Card 4

Front

What powers do the crown court have in appeals?

Back

Preview of the front of card 4

Card 5

Front

What happens with further appeals from a crown court appeal?

Back

Preview of the front of card 5
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