Criminal Courts & Appeals Flashcards
Which court does the appeal go to if the defendant has their trail in the Magistrate’s Court?
The appeal will go to the Crown Court.
Who hears the case in the Crown Court?
The Circuit Judge along with 2 Magistrates.
What jurisdiction does the Circuit Judge and 2 Magistrates have over the sentence?
They can:
-Uphold the sentence
-Quash the conviction
-Vary the sentence (within sentencing powers of Magistrates)
During a Crown Court appeal, if a point of law becomes evident what happens to the appeal?
The appeal will go to the Queen’s Bench Division.
If a case is heard at the Crown Court, which court would hear the appeal?
Court of Appeal.
What is the final appellate court from the Magistrate’s, to the Crown, to the Court of Appeal?
The Supreme Court.
What piece of legalisation allows the defence to appeal on the basis of an ‘unsafe conviction’?
The Criminals Appeal Act 1995
If an appeal is made from the Crown Court to the Court of Appeal, what does the CA have the power to do?
-Quash conviction
-Vary sentence
-Vary offence
-Order a re-trial
Appeals involving Huma Rights can be appealed from the Supreme Court to the…
…European Court of Human Rights.
Where may the Supreme Court send a case that involves European Union Law?
Court of Justice of the European Union
Under what legalisation is the Attorney General able to appeal to the Court of Appeal against a lenient sentence?
Criminal justice Act 1988. In order to get the sentence increased.
