appeals

Question 1

appeals from magistrates to crown court

Answer 1

• available only to the defence
• if D pleads guilty then they can only appeal for the sentence.
• if D pleads not guilty then they can appeal for the sentence and/or conviction.

Question 2

case stated appeals

Answer 2

• can be used by prosecution and defence
• appeals on point of law can go through crown court or straight to Queens bench division.
• based on facts of the case so there are no witnesses.
• the magistrates or judge have to set out their findings of the case that led to their decision
• if they have made a mistake, the Divisional court can send it back to the Magistrates court to put the changes in.

Question 3

Defendant appeals

Answer 3

• if D is found guilty in the court then lawyers advise an appeal for the court of appeal.
• The Criminal Appeal act 1995 -D must obtain permission to appeal
• D must apply to introduce new evidence.

Question 4

Court of appeals powers

Answer 4

• allow a defendant’s appeal/quash a conviction.
• reduce the offence or vary the conviction
• they cannot increase the sentence or conviction
• dismiss the appeal

Question 5

Prosecution appeals

Answer 5

• the prosecution has limitiert rights to appeal acquittals:
• the jury was nobbled , bribed/threatened
• new evidence of D’s guilt