Appeals Flashcards
(46 cards)
How can a defendant appeal from the Magistrates’ Court?
Against Conviction or sentence to the Crown Court
By way of case stated, to the Divisional Court
By JR, to the Administrative Court
Can the prosecution appeal against acquittal or sentence?
No - P can only appeal by way of case stated
What is the procedure to appeal to the Crown Court from the Magistrates’? What is the deadline?
Appellant must serve an appeal notice on the MC, and every other party involved in the case
Deadline: notice of appeal must be served not more than 15 business days after the Magistrates pass or defer sentence
If notice is late - include application for extension alongside late submission
When an appellant is appealing from MC to CC, what can they do regarding bail?
Appellant wants bail? Include this in application within their appeal notice
No presumption of bail here
If bail refused by MC - goes to CC
What happens once an appeal notice has been served on the CC?
MC court officer must notify the CC of the service of appeal notice
How does the CC hear an appeal against conviction?
Complete re-hearing of the whole case
Either party can call evidence not called at MC or omit evidence heard
How does the CC hear an appeal against sentence?
Complete rehearing, with ability of appellant to make another plea
Independent view, on a different factual basis
Who hears an appeal in the Crown Court?
Heard by a judge
Or between 2 and 4 lay magistrates
What powers does the Crown Court have on appeal?
Confirm, reverse, or vary any part of the decision
Can impose any sentence available to the MC
Once someone has appealed from the MC to CC, what can they do again?
High Court by way of case stated
How is an appeal by way of case stated restricted?
Law only, not fact
What is the procedure for an appeal by way of case stated?
Apply in writing for MC to state the case - serve application on court officer and each other party
21 calendar days deadline after decision made by MC
Are the magistrates obliged to state case?
No - can refuse if it is frivolous
Made by a certificate of refusal
What must the MC do if a decision to state case is approved?
Court officer must serve a draft statement of case on each party no more than 15 business days after court’s decision to state case
Once case agreed - needs to be lodged with the High Court by the appellant
What is the form of a appeal by way of case stated to the High Court?
No re-examination of the facts - confined to legal arguments made, and no evidence can be called
Heard by no fewer than three judges
What powers does the High Court have by way of case stated?
Reverse, affirm, or amend the decision made by MC
Remit to MC with an opinion
When will the Court of Appeal allow an appeal from the Crown Court?
Only in the event of an unsafe conviction
Give examples of common ‘unsafe convictions’?
Incorrect rejection of submission of no case to answer
Misdirection of jury on a point of law
Evidence included which should have been excluded
Error in summing up
Judge intervened unnecessarily
When will the Court of Appeal hear fresh evidence?
Interests of justice
For a defendant to appeal to the Court of Appeal against their sentence, what must they be able to show?
Sentence is wrong in law
Manifestly excessive or wrong in principle
What is the procedure for appeal against conviction / sentence from CC?
Leave always needed
It is common that applications to appeal are made directly to the Court of Appeal - if not and defence counsel applies for a certificate for leave, how must they do this?
Appeal notice sent: alongside draft grounds of appeal, considered by a single judge
28 days after the date of conviction - if appeal is against conviction
28 days after the date of sentence - if appeal is against sentence
When a judge considers whether to grant leave to an appeal to Court of Appeal, what are they looking at?
Considering if grounds advanced by the appellant are cogent
If appealing against conviction to the court of appeal, what options does it then have?
- Dismiss appeal
- Allow appeal and quash conviction
- Allow part of appeal
- Allow appeal, quash the conviction, order a retrial
- Allow appeal and find appellant guilty of an alternative offence
- Make an order for a loss of time
