Appeals and Appaellate Courts in criminal process (8 marks).

Question 1

What are the two types of appeal? (Magistrates Court).

Answer 1

• Defence can appeal to Crown Court based on conviction/sentencing.
• Case is completely reheard by judge/2 magistrates.
• Appeal “on a point of law” made to Kings Bench Division.
• Court can reaffirm or change decision or send back to Magistrates.
• Prosecution can appeal against an acquittal (Stephen Lawrence Murderers 2012).

Question 2

What are the three types of appeal? (Crown Court).

Answer 2

• Defence may appeal to Court of Appeal (Crim Division)
• Based on Conviction/sentence if unsafe.
• The Criminal Appeal Act 1985 states must be made within 28 days of decision.
• Prosecution may ask for AGs review, made within 28 days of decision.
• Can send case back to Court of Appeal who choose what to do.
• Prosecution can appeal to KBD, for “Jury nobbling” due to threats from family etc.
• KBD can order re-trial or send to Supreme Court.
• SCOTUK can reverse, change or order re-trial.