6. Appeals Procedure Flashcards
Within what time must a defendant lodge a written notice of appeal conviction or sentence passed in the Magistrates Court?
15 working days from after sentencing or deferall of sentence.
- where the prosecution contests the appeal, it has 15 workings days from service to respond.
How will an appeal hearing to the Crown Court be conducted?
Complete re-hearing of the whole case or sentencing hearing.
- Conviction - no obligation on the prosecution to put forth the same case and Crown Court is free to make a decision on a different basis.
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Sentence - when deciding what sentence to pass down, C.C does not refer to the Magistrate’s sentence.
However, its sentencing powers are limited by those available in the Magistrate’s Court, but within these bounds, may give a sentence that is more or less severe than original one.
What is the presumption regarding bail for appeals?
Presumption of bail does not apply and if they wish to obtain it, must specify this in application notice.
Why does the defendant not have to set out the basis for an appeal to the Crown Court?
Because the court has no power to decline jurisdiction
Who hears an appeal from Magistrates Court, and what does the hearing consist of?
Crown Court judge, supported by at least two and no more than four magistrates.
It is a complete rehearing, meaning new evidence can be called.
Who may appeal from the Magistrates Court to the Divisional Court of the High Court by way of case stated?
Prosecution and defence
On what grounds can a decision be appealed by way of case stated?
Decision is either:
1) Wrong in law
2) Exceeds the jurisdiction of the court
What is the procedure for appeal by way of case stated to the High Court?
1) Written application is made to the magistrate court to state the case within 21 days from the original decision or sentence.
THEN
2) If magistrates’ court rejects application, issue a certificate of refusal (subject to JR).
3) If accepted, court officer must serve a draft statement of case on all parties within 15 business days following court’s decision to state the case.
On what grounds might the Magistrate’s Court refuse to state a case to the High Court?
Where the application is considered be ‘frivolous.’
* term should be defined to mean*‘futile, misconceived, hopeless or academic’ *(cf. ordinary everyday meaning).
What is one key point to consider when considering time extensions for appeals by way of case stated?
If application is made directly to the Magistrate’s Court- no extension to 21 day time limit is obtainable.
Cf.
Crown Court - extension is available following an appeal heard in the Crown Court.
How does the High Court’s hearing of a stated case ensue?
hearing is confined to legal arguments, and no evidence will be reviewed.
- powers include (1)reversing/affirming/varying a M.Cs decision; or
(2) remitting the case back down for consideration following its opinion on legal points.
If a defendant seeks leave to appeal a Crown Court decision to the Court of Appeal, within what time of the conviction must the application be made?
28 days, where a single CoA judge will decide whether to grant the appeal
What occurs if this single Court of Appeal judge refuses the appeal?
Defendant can renew the application to the full court
What is the single basis on which a defendant can appeal a Crown Court conviction?
Ground that the convictions is unsafe
In what six situations could a claim be made that a Crown Court conviction is unsafe?
- Evidence wrongly admitted or excluded
- Direction wrongly given or omitted
- Trial judge conduct showed bias
- Wrongful exercise of discretion
- Errors in summing up
- Problems with the jury
Where the Court of Appeal agrees that a Crown Court conviction is unsafe, what are their four options?
- Quash the conviction, and order acquittal or retrial
- Find defendant guilty of some offences but not others
- Find the defendant guilty of alternate offences
- Dismiss the appeal
On what three basis can a defendant appeal a Crown Court sentence?
- Wrong in law
- Wrong in principle
- Manifestly excessive
When is any new sentence imposed by the Court of Appeal deemed to run from?
The original sentencing date, which means time in custody pending appeal will be taken into account
On what grounds can the prosecution appeal to the Court of Appeals?
1) Terminatory rulings; or
2) Retrial for serious offences - exeption to general rule that prosecution cannot appeal against an acquital.
* ground only arises where there is ‘new and compelling’ evidence.
* applies to murder, attempted murder, manslaughter, aggravated arson.
In what situation can the Attorney General refer a case to the Court of Appeal?
They feel sentence was unduly lenient and Court of Appeal itself grants permission
What are the two criteria for the decision of the Court of Appeal to be appealed to the Supreme Court by either the prosecution or defence?
- Court of Appeal or Supreme Court grant leave to appeal, and
- Court of Appeal certifies that a point of law of general public importance is involved
Where will an appeal following a High Court ruling be heard, and what must the case involve?
Supreme Court
* High Court must certify that case involves a point of law of general public importance.
* Leave is obtainable from either Supreme Court of High Court.
How are costs awarded where a defendant loses their appeal in the CoA or High Court?
loser covers the other party’s costs.
Where a defendant seeks leave to appeal on two grounds, and a single judge only grants leave in part, can the defendant appeal the part refusal?
Yes, but procedure is slightly different.
* entitled to renew his application for leave at his appeal hearing, which may be granted right then and there.
