appeals

Question 1

What is Point of Law?

Answer 1

Application of law to the facts of the case

Question 2

What is Leave to Appeal?

Answer 2

Permission to appeal

Question 3

What is meant by Case Stated?

Answer 3

Previous court set out their findings of fact and their decision - no witnesses are called

Question 4

Who can appeal from the Magistrates to the Crown?

Answer 4

Defence ONLY

Question 5

Do appeals from the Magistrates to the Crown require leave to appeal?

Answer 5

No - they have an automatic right to appeal

Question 6

If the defendant pleads guilty, what can they appeal against?

Answer 6

Their sentence

Question 7

If the defendant pleads not guilty, what can they appeal against?

Answer 7

Conviction and sentence

Question 8

In appeals to the Crown, who hears the case again?

Answer 8

2 magistrates and a qualified judge

Question 9

What can happen to the conviction/sentence in appeals to the Crown?

Answer 9

Confirm, reverse or vary

Question 10

In appeals to the Crown, can the sentence be increased beyond the maximum of the Magistrates?

Answer 10

no

Question 11

Which side can appeal to the Administrative Court QBD and the Supreme Court?

Answer 11

both sides

Question 12

Appeals to the Administrative Court QBD are available against what?

Answer 12

Conviction (defendant) or acquittal (prosecution)

Question 13

What can the Administrative Court QBD do?

Answer 13

Confirm, reverse or vary the conviction/acquittal

Question 14

Appeals to the Administrative Court QBD are..

Answer 14

Case stated and on point of law

Question 15

Who hears appeals to the Administrative Court QBD?

Answer 15

2 High Court judges - or the case is sent back to the Magistrates Court

Question 16

Which side can appeal to the Supreme Court?

Answer 16

Both sides

Question 17

Appeals to the Supreme Court are..

Answer 17

On point of law of general public importance

Question 18

Do appeals to the Supreme Court require leave to appeal?

Answer 18

Yes - from either the Supreme Court or the Administrative Court QBD

Question 19

Is leave to appeal required for appeals to the Court of Appeal?

Answer 19

Yes - or a certificate that the case is fit for appeal from the trial judge

Question 20

Under the Criminal Appeal Act 1995, when will leave to appeal only be granted?

Answer 20

If the conviction is deemed as ‘unsafe’

Question 21

Can the Court of Appeal increase the sentence if the defence appeals?

Answer 21

no

Question 22

Will new evidence be considered at the Court of Appeal?

Answer 22

Yes - but whether or not it would have been admissible and why it wasn’t produced then will also be considered

Question 23

What else does the Court of Appeal have the power to order?

Answer 23

A retrial with a new jury–

Question 24

How many retrials are ordered each year?

Answer 24

50 - 70

Question 25

Under the Criminal Justice Act 2003, what does the prosecution have the right to do?

Answer 25

Appeal where the trial judge’s ruling on a point of law has effectively stopped the case - this is to make sure that an error of law by the judge does not lead to an acquittal

Question 26

What are the 2 situations in which the prosecution can appeal against acquittal?

Answer 26

• Where the acquittal was a result of jury nobbling (there has been convictions of this under the Criminal Procedure and Investigation Act 1996)
• Under the Criminal Justice Act 2003, 30 serious offences can be retried if there is new and compelling evidence and it is in the public interest (double jeopardy rule)

Question 27

Under s.36 of the Criminal Justice Act 1972, what can the Attorney General do?

Answer 27

Refer to a point of law if there are concerns about the defendant’s acquittal

Question 28

Under s.36 of the Criminal Justice Act 1988, what can the Attorney General do?

Answer 28

Apply for leave if he thinks the sentence was too lenient