Criminal Courts and Lay People; Appeals and appellate courts

Question 1

Explain the grounds/reasons the defence OR prosecution may raise to appeal in a criminal case (8 marks)
Explain the criminal appeal process and structure for appeals involving criminal trials which were originally heard in the Magistrates’ Court (8 marks)
Explain the criminal appeal process and structure for appeals involving trials which were originally heard in the Crown Court (8 marks)

Question 2

Introduction

Answer 2

The Criminal Courts system provides appeal routes for defendants in all cases and to the prosecution in certain situations. The routes are different depending on where your trial was heard and the reasons for appealing

Question 3

If your trial was at the Magistrates’ court:
Appeals against sentence or conviction
When does the defendant have a right of appeal against a conviction or sentence

Answer 3

• The defendant has an automatic right of appeal against conviction or sentence
• Where the defendant originally pleaded not guilty

Question 4

How long must an appeal be made after the conclusion of the case

Answer 4

An appeal must be made within 21 days of the conclusion of the case

Question 5

If appealing against conviction;
What kind of judge re-hears the case and with who else

Answer 5

-A Crown Court judge re-hears the case with two Magistrates.

Question 6

What can these personnel decide to do

Answer 6

A Crown Court Judge with two Magistrates can:
- Come to the same decision
- Reverse the decision

Question 7

If appealing against sentence;
What can these personnel decide to do if appealing against sentence

Answer 7

A Crown Court judge can:
- Impose a harsher sentence, but only to the maximum sentence available to Magistrates

Question 8

Appeals from the Magistrates court to the crown court (not sure on this);
Who is this available to

Answer 8

Only the defence

Question 9

Reason for appeal

Answer 9

Against sentence and or conviction

Question 10

Who is the appeal heard from

Answer 10

Panel of a single Circuit judge and two magistrates

Question 11

Is further appeal possible

Answer 11

Generally no, but possible to appeal to the Queens Bench Divisional court purely on a point of law

Question 12

Result of appeal

Answer 12

Appeal quashed,
confirm appeal
or remit case back to the Magistrates court

Question 13

Case Stated Appeals: appeals on the grounds that there has been an error of law or the magistrates have acted out of their jurisdiction
Where can these be made from

Answer 13

These can be made directly from the Magistrates Court or as an appeal from the Crown court

Question 14

What is the basis for the appeal

Answer 14

The basis for the appeal is a claim that the Magistrates made an error or law or acted outside their jurisdiction

Question 15

Who is the appeal heard from

Answer 15

The appeal is heard by a panel of 2-3 High Court judges from the Queens bench Division

Question 16

What can this panel decide

Answer 16

They can;
- reverse or vary the decision
- make an alternative decision
- give the magistrates their opinion on the area of law involved
if the appeal is successful, the case will be sent back to the magistrates for reconsideration

Question 17

Case Stated Appeals from the Magistrates’ Court to the Queens Bench Divisional Court
Who is this available to

Answer 17

The prosecution and the defence

Question 18

Reason for appeals from mags court to QBD

Answer 18

On a point of law by way of case stated

Question 19

Who is the appeal heard by

Answer 19

Panel of two or three High Court Judges, which might include a COA judge

Question 20

Is further appeal possible

Answer 20

• possible appeal by the prosecution or the defence to the Supreme court on a point of general public importance
  Must have leave to appeal by either supreme court or QBD

Question 21

Result of appeal

Answer 21

Appeal quashed
confirm appeal
Or remit case back to the mags court (do not punish)

Question 22

Appeals from the Magistrates’ Court;
To QBD and then the Supreme court
A further appeal can be made to the Supreme Court if what two things

Answer 22

• there is a point of law of general public importance
• leave to appeal is granted by the Queens Bench Division or the Supreme court (asking the court for permission to appeal) leapfrog where a case goes from the High court to the Supreme court missing out the COA

Question 23

Name and explain the case study in which the QBD wanted to change the law by appealing to supreme court

Answer 23

C v DPP (1994)
-This case considered the issue of children having criminal responsibility

• HELD; it is not to be presumed that children aged between 10-14 know the difference between right and wrong, therefore criminal activity will not always result in prosecution
  -The divisional court of the QBD wanted to change the law so it always presumed a child 10-14 knew the difference between right and wrong and the supreme court held they were bound by precedent and were not at liberty to change the law

Question 24

reason for appeal

Answer 24

Rare, but possible - against sentence and or unsafe conviction

Question 25

where heard

Answer 25

-court of appeal (criminal division) within 6 weeks of conviction and must be granted permission -fresh evidence can be heard at this appeal

Question 26

further appeal possible

Answer 26

again rare byt possible, to the supreme court on a point of law of general public importance must have leave to appeal

Question 27

result of appeal

Answer 27

appeal quashed or confirm appeal

Question 28

CROWN COURT If your trial was at the Crown Court (appeals from the crown court) Who is this appeal available to and what can they appeal against

Answer 28

the defendant can appeal against conviction or sentence

Question 29

How long does the defendant have to appeal after the conclusion of trial

Answer 29

the defendant must state, verbally, or in writing, that they want to appeal within 14 days of the conclusion of the trial

Question 30

Within how many days must the full appeal be filed with the court after conviction

Answer 30

The full appeal must be filed with the court within 28 days of conviction

Question 31

The defendant must get ''leave to appeal'' from who

Answer 31

The trial judge or from the court of appeal

Question 32

What does the Criminal Appeal Act state that the court of appeal can do

Answer 32

''shall allow an appeal against conviction if they think that the conviction is unsafe (this includes misdirections by the judge, or evidence that should have been admitted) and shall dismiss such an appeal in any other case.

Question 33

what are the four things the court of appeal can decide to do

Answer 33

- quash the conviction - vary the conviction to a lesser charge - decrease the sentence (not increase it) - order a retrial in the Crown court with a new jury

Question 34

Appeals from the Crown Court (2) Crown Court to the COA by PROSECUTION The prosecution can appeal from the crown court to the COA for two reasons, provide the two reasons (and legislation)

Answer 34

1. Attorney-general reference on a point of law ( against the acquittal of the defendant if the prosecution is unhappy with the decision, or by the Attorney-General to clarify a point of law relevant to the acquittal) s36 Criminal justice act 1972 allows the attorney-general to refer to a point of law to the court of appeal to the COA for consideration where the defendant has been acquitted. The original acquittal will still stand. 2. Attorney-General against lenient sentence s36 Criminal Justice act 1988 says that the attorney general can refer a case to the COA where there has been an unduly lenient sentence. In 2016, 146 out of 190 applications had their sentences increased by the COA for being unduly lenient sentences.

Question 35

Crown Court by COA by DEFENCE What can you appeal against

Answer 35

case stated appeal idk

Question 36

What are the time limits for making this appeal

Question 37

What is meant by leave to appeal

Question 38

What does the Criminal Appeal Act 1995 state that the COA can do

Question 39

The prosecution can also appeal from the Crown Court to the QBD (now KBD) of the High Court for two reasons; name these reasons (and legislation)

Answer 39

1. Appeal against acquittal (where D was found not guilty by jury) - these are rare and only done so with the permission of the Attorney-General. 2. Where the jury had been 'nobbled'. The Criminal Procedure and Investigations Act 1996 allows a retrial to be ordered where the jury has been bribed or threatened by the defendant. There is a further provision under s44 Criminal Justice Act 2003 for a judge only retrial where there is a risk of jury tampering or bribery.

Question 40

Further appeals to the Supreme Court Who can appeal from the COA to supreme court

Answer 40

The prosecution and defence may appeal from the COA to the supreme

Question 41

BUT what is necessary to appeal (2)

Answer 41

It is necessary to have the case certified as involving a point of law of general public importance AND to get leave to appeal, either from the Supreme court or the court of appeal

Question 42

Criminal cases review commission - defendants who have appealed unsuccessfully from cc to supreme have exhausted their appeal routes. However convictions can be quashed under the procedure bid by the criminal appeal act 1995.