Appeals Flashcards
(25 cards)
What are the two routes of appeal from the Magistrates’ Court?
Crown Court or Administrative Court (QBD).
Who can appeal to the Crown Court from the Magistrates’ Court?
A defendant who pleaded not guilty (conviction or sentence) or guilty (sentence only).
What happens at a Crown Court appeal?
The case is re-heard by a judge and two lay magistrates. They can confirm, vary, or reduce the conviction/sentence.
Can the sentence be increased at a Crown Court appeal?
Yes, but only up to the maximum sentence allowed by the Magistrates’ Court.
Who can make a Case Stated Appeal?
Both prosecution and defence.
Where do Case Stated Appeals go?
To the Administrative Court (part of Queen’s Bench Division).
What are Case Stated Appeals used for?
When there is a claim the Magistrates made a mistake in law.
Who hears Case Stated appeals?
Usually 2 High Court Judges.
Are new witnesses called in Case Stated Appeals?
No. The appeal is based on facts and law only.
What can the Divisional Court do?
Confirm, vary, or reverse the decision, or send it back to the Magistrates.
Can you appeal further from a Case Stated Appeal?
Yes, possibly to the Supreme Court if it’s of public importance.
Who can appeal to the Supreme Court?
Both the defence and prosecution.
What are the conditions for appealing to the Supreme Court?
Must involve a point of law of general public importance and permission (leave) is needed.
Who can the defence appeal to from the Crown Court?
The Court of Appeal.
What can the defence appeal against from Crown Court?
Conviction (if unsafe) or sentence (if unduly harsh).
Who grants permission to appeal from Crown Court?
Either the trial judge or the Court of Appeal.
Can new evidence be introduced from the Crown Court?
Yes, if it’s believable and supports the appeal.
What can the Court of Appeal do?
Quash, vary, or dismiss the appeal; order a retrial; decrease sentence (not increase).
Can the prosecution appeal a judge’s ruling?
Yes, to correct errors of law that could lead to acquittal.
When can the prosecution request a retrial after acquittal?
If there was jury nobbling or new compelling evidence of guilt.
What does the Attorney-General do under s36 of the Criminal Justice Act?
Can refer an unduly lenient sentence to the Court of Appeal.
Can the Attorney-General refer a point of law after acquittal?
Yes, but it won’t affect the acquittal—only sets legal precedent.
Can both sides appeal to the Supreme Court?
Yes, both defence and prosecution.
What is needed for an appeal to go to the Supreme Court?
It must involve a point of law of public importance and be certified by the Court of Appeal, with permission granted.
