criminal appeals process Flashcards
pre 1907, what was in place for criminal appeals?
there was no formal system
what did the 1907 criminal appeals act do?
appeals could be heard on errors of fact and errors of law
what did the 1964 criminal appeals act do?
gave the court powers to order a retrial if new evidence was introduced and court wouldn’t have been sure as to what the jury would have decided
what did the 1966 criminal appeals act do?
- set test for quashing convictions when court considers conviction unsafe and unsatisfactory
what did the 1968 criminal appeals act do?
- consolidated previous acts
- created criminal division of COA
- set time limit of 28 days for an appeal to be brought
- evidence can be admitted if deemed necessary or expedient
what are the 4 bars for barring the admittance of fresh evidence and where can they be found?
1995 criminal appeal act
1. evidence has little bearing on the case
2. evidence not credible
3. evidence wouldn’t have been admitted in earlier proceedings
4. no good reason for not admitting evidence at initial trial
what did the runciman commission do?
- made 352 recommendations addressing all stages of the criminal justice system
- recommendations 316-352 refer to the appeals process
what did the 1995 criminal appeal act do?
- set up the ccrc
when will a conviction be considered unsafe?
- when there is legal error/error in law
- when there is a procedural error/ a breach of process
- when there is a factual error/ fresh evidence
- when there is a factual ‘error’/ ‘lurking doubt’
what case established lurking doubt as a ground of appeal?
R v Cooper 1969
what subsections of the 1965 act provide the CCRC powers to obtain information from public and private bodies?
ss17 and ss18
what test are the CCRC bound by?
real possibility s13(1)
