Criminal Courts & Lay People: Appeals from MC Flashcards
Who is the CC available to only?
Defence
On what grounds can the defence go to appeal to CC?
Conviction
Sentence
When can the defence go to appeal to CC for conviction?
For a not guilty plea
What can happen to the conviction if the defence plead not guilty on appeal to the CC?
Can be confirmed, reversed or varied
When can the defence go to appeal to CC for sentence?
For guilty plea
What can happen to the sentence if the defence plead guilty on appeal to CC?
Can be confirmed, increased to MC max or decreased
Who hears the appeals to CC?
A judge and two Magistrates
Who can appeal to the Administrative Court (QBD)?
Defence and Prosecution
When can the defence appeal to the AC (QBD)?
Conviction
Confirm, reverse, vary
When can the prosecution appeal to the AC (QBD)?
Acquittal as P.O.L
Who hears the appeals to the AC (QBD)?
2 HCJ
Who can appeal to the SC?
Defence and Prosecution
When can the defence and prosecution appeal to the SC?
P.O.L of general public importance
What is needed to appeal to the SC?
Leave of Appeal
