Appeals Flashcards
(17 cards)
What are the two factors that are pertinent in deciding where an appeal will be heard?
- The seniority of the judge presiding over the original case, and
- The court in which the judge sat when reaching the decision that is being appealed
In a civil case, if a case starts in the county court and is heard by a district judge (small claims track), where will an appeal be heard?
The appeal will be heard again in the county court but by a more senior circuit judge.
They can then go to the high court, and then the court of appeal.
In a civil case, if a case is heard by a circuit judge, where will an appeal be heard?
A circuit judge is a more senior judge in the county court, so this appeal will go to the high court and be heard by a high court judge
In a civil case, If a case is heard by a masters judge, where will the appeal be heard?
A masters judge sits in the high court. The appeal will be heard by a more senior judge in the high court, a high court judge.
In a civil case, if a case is heard by a high court judge, where will the appeal be heard?
The high court judge is the most senior judge in the high court, so the appeal with then go to the court of appeal and be heard by lord justice of appeal.
In a civil case, if a lord justice of appeal judge hears a case, where will the appeal be heard?
It will then be heard in the Supreme court by a justice of the supreme court
In a civil case, can a case ever be sent from the high court straight to the supreme court? (bypassing the court of appeal)
Yes, only when there is a public significance, meaning an issue of statutory interpretation.
In civil cases, what type of permission is needed to make an appeal?
- The claim looks to have a real prospect of success
- There is another pressing reason to hear the case
In a criminal case, if the defendant already pled guilty in the crown court, can the defendant appeal against both the verdict and the sentence?
No, in the crown court, if a defendant has already pled guilty, only the sentence can be appealed
In an appeal in the crown court, can original evidence, original witnesses, new evidence and new witnesses be examined and introduced?
Yes. An appeal in the crown court involves a full re-hearing
Can both the crown and the defendant apply to the high court or administrative court to hear an appeal?
Yes. Both the crown and defendant can apply to the High court or administrative court to hear an appeal
On what grounds can the crown or defendant apply to the high court for an appeal?
On the ground that a Magistrate has incorrectly applied procedure, such as denying admissible evidence.
A panel of three judges will then review the judgement, which may be affirmed, amended, or returned to the Magistrates for revaluation.
On what grounds can either party appeal to the administrative court?
If they feel that the process of the judgement was incorrect and in being incorrect, the courts acted ultra vires.
Can both the crown and defendant appeal to the court of appeal?
No, only the convicted party can appeal to the Court of Appeal.
How many days is given to the defendant to appeal to the court of appeal? is this deadline final?
Within 28 days of conviction.
It is possible to submit an out of time appeal, or where there is fresh evidence to submit an appeal to the CCRC to have the case reheard.
In what instances will a case be sent for appeal from the court of appeal to the supreme court?
Where permission has been given and the point of law at issue is of public importance.
