Legal Method - Procedure for Criminal Appeals

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  • Created by: Alasdair
  • Created on: 30-10-20 13:20
Is permission required to appeal in Criminal Case?
Depending on circumstances,permission will not always be required for a criminal appeal.
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Why are there fewer restrictions on criminal as compared to civil appeals?
Public policy dictates that because of serious damage to individual's reputation if he is convicted of criminal offence, plus fact he may also be deprived of his liberty, there should be greater freedom to appeal.
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Appeal after Summary Trial in Magistrate's Court: appealing against sentence if they pleaded guilty.
Defendant right to appeal to Crown Court against sentence if he pleaded guilty, and against conviction and/or sentence if he pleaded not guilty. Most criminal appeals don't go further than Crown Court.
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Prosecution and defence appealing to High Court in criminal case.
May appeal to High Court but only on points of law.
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Appealing on points of law.
Comparatively rare as magistrates tend to deal with less serious offences but previous examples have included challenge to accuracy of equipment used by police to record speeding motorists.
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Summary Trial in Magistrates: appealing to crown Court
Appeal by defendant only if: Appeal against conviction on point of law or fact (but only if defendant pleaded not guilty); Appeal against sentence. Rehearing before judge and two magistrates.
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Summary Trial in Magistrates/after appeal in Crown Court: Appealing to High Court (Queen's Bench Division)
Appeal by either prosecutor or defendant by way of case stated. Appeal must based on point of law.
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Summary trials: Appealing to Supreme Court after appealing to High Court.
Either side may appeal on points of law. High Court must certify point of law of general public importance. AND either Supreme Court or High Court must grant leave to appeal.
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Appeal after Trial on Indictment in Crown Court:
If defendant tried in Crown Court, may appeal to Court of Appeal only if obtained permission. Appeal may be point of law or fact, or against sentence imposed.
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Indictment in Crown Court: after appealing to court of appeal
Appeal to Supreme Court. Only small number of such appeals from Court of Appeal or High Court each year. Point of law when something has wider implications than simply on the case in question.
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Other cards in this set

Card 2

Front

Why are there fewer restrictions on criminal as compared to civil appeals?

Back

Public policy dictates that because of serious damage to individual's reputation if he is convicted of criminal offence, plus fact he may also be deprived of his liberty, there should be greater freedom to appeal.

Card 3

Front

Appeal after Summary Trial in Magistrate's Court: appealing against sentence if they pleaded guilty.

Back

Preview of the front of card 3

Card 4

Front

Prosecution and defence appealing to High Court in criminal case.

Back

Preview of the front of card 4

Card 5

Front

Appealing on points of law.

Back

Preview of the front of card 5
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