Decribe Appeals And Appellate Courts In The Criminal Procces Flashcards
(21 cards)
What are APPELLATE COURTS?
APPELLATE COURTS are those that can hear appeals.
How many types of appeal can be made from the MAGISTRATES’ COURT?
There are 2 types of appeal from the MAGISTRATES’ COURT.
What is the first type of appeal from the MAGISTRATES’ COURT?
The Defence can appeal to the Crown Court, as of right, against the conviction and/or the sentence.
What happens during the appeal to the Crown Court?
The case is completely reheard by a judge and two magistrates. The conviction may be confirmed, reversed, or varied to find the defendant guilty of a lesser offence. The sentence may be confirmed or increased.
What is the second type of appeal from the MAGISTRATES’ COURT?
A Case Stated Appeal ‘on a point of law’ can be made to the Queen’s Bench Divisional Court.
What can the Defence appeal against in a Case Stated Appeal?
The Defence may appeal against the conviction on a point of law.
What can the Prosecution appeal against in a Case Stated Appeal?
The Prosecution may appeal against the acquittal on a point of law.
What are the possible outcomes of a Case Stated Appeal?
The court may confirm, vary, or reverse the decision, or send the case back to the Magistrates’ Court for a re-trial.
How many types of appeal can be made from the CROWN COURT?
There are 3 types of appeal from the CROWN COURT.
What is the first type of appeal from the CROWN COURT?
The Defence may appeal to the Court of Appeal (Criminal Division) against the conviction and/or sentence on the grounds that the conviction is unsafe.
What is required for the Defence to appeal to the Court of Appeal?
Leave to appeal (permission) is required under The Criminal Appeal Act 1995, and the application must be made within 28 days of the decision.
What can the Court of Appeal do regarding the conviction?
The court may order a re-trial or quash the conviction. The sentence may be reduced but not increased.
What is the second type of appeal from the CROWN COURT?
The Prosecution may ask the Attorney General to review an unduly lenient sentence.
What is required for the Prosecution to appeal a sentence?
Leave (permission) is only given in very serious cases and the application must be made within 28 days of the decision.
What can the Attorney General do regarding an unduly lenient sentence?
The Attorney General may send the case to the Court of Appeal (Criminal Division) who can increase the sentence or keep it the same.
What is the third type of appeal from the CROWN COURT?
The Prosecution may appeal to the Queen’s Bench Divisional Court against the acquittal on the grounds of ‘jury nobbling’.
What does ‘jury nobbling’ refer to?
Jury nobbling refers to when the family or friends of the defendant have threatened or intimidated one or more members of the jury.
What can the QBD order regarding a trial?
The QBD may order a re-trial, or even a re-trial without a jury.
Who can appeal to the Supreme Court?
An appeal can be made by the Prosecution or Defence from the Court of Appeal (Criminal Division) to the Supreme Court on the grounds that there is a point of law of public importance.
What is required to appeal to the Supreme Court?
Leave to appeal is required from either the Court of Appeal or the Supreme Court.
What actions can the Supreme Court take regarding a decision?
The Supreme Court may confirm, reverse or vary the decision, or order a re-trial.
