MCQ Chapter 16

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What is a heirarchal Court system? What are the two main branches of heirarchy in England?
A way of structuring Courts into different levels based on power - criminal and civil
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When can a defendant appeal from the Magistrates Court to the Crown Court? When can prosecution?
If appealing against sentence if they pleaded guilty or against conviction or sentence or both if pleaded not guilty - prosecution doesn’t have the right to appeal
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What is an appeal by the way of case stated? Where is it heard?
Where a Magistrate made an error of law or exceeded their jurisdiction, High courts hear this appeal
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In what circumstances is it appropriate to apply for judicial review of a decision made by a Magistrates Court?
Procedural impropriety, unfairness or bias
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Who usually sits in a crown court acting in appellate capacity?
Judge and two lay Magistrates
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What are the two ways of authorising a defendant’s appeal against the conviction by the crown court?
Court of appeal gives leave to appeal or if the trial judge certifies that the case is fit for appeal
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Following the criminal appeal act 1995, when must the COA allow an appeal against a conviction?
When The conviction was unsafe of unsatisfactory, judgement of the court of trial should be set aside on the grounds that is was wrong of any question of law or material irregularity
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Explain lurking doubt controversy
An argument to allow an appeal of a case simply on the grounds that they have lurking doubt that its unsafe
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What powers do the COA have upon hearing an appeal against a sentence, what can it not do?
They can quash a sentence or pass the sentence that the crown court have imposed, they can not increase the sentence
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What is the CCRC and what does it do?
Criminal Cases Review Commission - an independent public body that reviews or investigates cases in which an appeal to the COA against conviction or sentence were unsuccessful or leave to appeal was refused
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What are the 3 types of attorney generals references?
Tried on indictment and acquitted, unduly lenient sentence, terminating rulings
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What are the possible consequences s if successful civil appeal
Can reverse the decision made by a judge, change case management of the case I.e. disclosure issues, trial timetable, security
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In what circumstances will leave be given for an appeal from the COA criminal division to Supreme Court?
Certified a point of law of general public importance, and if that point of law is one to be considered by the Supreme Court
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How many judges are needed for a correctly comstituted Court of appeal in the civil division
Lord/lady justices of appeal plus other senior judges
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What are Leapfrog appeals?
An appeal that would usually be heard in the County of High Court but jumosbtsraight to COA due to the nature of an important principle involved in the case
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Whart are second appeals? Where are they heard?
An appeal to the CoA following a initial appeal to county or high court - only possible with permission from CoA
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Other cards in this set

Card 2

Front

When can a defendant appeal from the Magistrates Court to the Crown Court? When can prosecution?

Back

If appealing against sentence if they pleaded guilty or against conviction or sentence or both if pleaded not guilty - prosecution doesn’t have the right to appeal

Card 3

Front

What is an appeal by the way of case stated? Where is it heard?

Back

Preview of the front of card 3

Card 4

Front

In what circumstances is it appropriate to apply for judicial review of a decision made by a Magistrates Court?

Back

Preview of the front of card 4

Card 5

Front

Who usually sits in a crown court acting in appellate capacity?

Back

Preview of the front of card 5
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