Appeals Flashcards
Where are the routes for appeal set out?
In the Access to Justice (Destination of Appeals) Order 2000
Which factors are pertinent in deciding where an appeal will be heard?
- Seniority of judge presiding over original case; and
- Court where judge sat when reaching the decision being appealed
If a case starts in the County Court and is heard by a district judge (small claims track), where will the appeal be heard?
- In the County Court by a senior circuit judge
Then
- High Court, 3. Court of Appeal
If a case starts in the High Court, where will appeal be heard?
- Court of Appeal
- Supreme Court
When might an appeal be sent straight from the High Court to the Supreme Court (bypassing Court of Appeal)?
If there is public significance e.g. issue of statutory interretation
From where must permission be sought to appeal?
From court that made the initial judgement
If the court that made initial judgement refuses to grant appeal, what can be done?
Application can be made to court where case will be appealed
What are the requirements for an appeal to be granted?
- The claims looks to have a real prospect of success; or
- There is another pressing reason to hear the case
Will the Crown Court hear appeals against both sentencing and verdicts (criminal)?
Yes- although if defendant has already pled guilty can only hear appeal against sentencing
Can new evidence/ witnesses be re-introduced at a Crown Court appeal?
Yes- CC appeal involves a full re-hearing of the case, meaning original evidence/ witnesses can be re-examined and new evidence/ witnesses introduced
Which court will hear an appeal from the Magistrates Court (on grounds they have incorrectly applied a procedure?)
How will this court respond to the appeal?
Who will hear the appeal?
The High Court, on the ground that that a Magistrate has incorrectly applied procedure.
Will either amend, affirm, or refer back to Magistrates Court
Panel of three judges will review judgement
Who can appeal a decision made in Magistrates Court to High Court?
Both the defendant and the Crown
Which party can appeal to the Administrative Court, and for what reason?
- Defendant and Crown
- If they feel process of judgement was incorrect & court thus acted ultra vires
Who can make an appeal to the Court of Appeal?
What can they appeal?
How long do they have to appeal?
- The convicted party ONLY.
- Can appeal conviction or sentence
- Within 28 days of sentencing (although can submit out of time appeal or if fresh evidence, appeal to Criminal Cases Review Commission)
When is an appeal sent to the Supreme Court?
When permission is granted and point of law at issue is of public importance
