Topic 22- Crown Court Appeals

Question 1

How long after a sentence is imposed by the Crown Court may it be varied or rescinded?

Answer 1

Within 56 days

Question 2

Who varies the sentence made by the Crown Court?

Answer 2

The same judge who originally passed sentence

Question 3

Can a more punitive sentence be imposed upon varying a sentence in Crown Court?

Answer 3

Yes, the sentence can be more punitive or more lenient

Question 4

What are examples of where a sentence has been varied in the Crown Court?

Answer 4

Where the court found that D had been suffering from psychosis, so they substituted a 6-month prison sentence with a hospital order

Question 5

Where do appeals from the Crown Court go to?

Answer 5

To the Court of Appeal following trial on indictment

Question 6

How many judges sit in the Court of Appeal?

Answer 6

Must be an uneven number of judges- no fewer than three

Can be 5 or 7 if the matter is very important

Question 7

What is the time limit for an offender to appeal their Crown Court conviction?

Answer 7

Must appeal to the Court of Appeal with 28 days of the conviction

OR

They must just get leave from the Court of Appeal

Question 8

If the Court of Appeal gives leave to appeal and it is within 28 days, what is granted?

Answer 8

The Court of Appeal judge grants a certificate that the case is fit for appeal

Question 9

What must be submitted to the Court of Appeal within 28 days of a conviction?

Answer 9

The written grounds of appeal

Question 10

Who is the initial decision either to grant or refuse leave to appeal done by?

Answer 10

A single judge in the Court of Appeal, but can be made by two-judge or even a full court

Question 11

If leave to appeal is refused, can the appellant re-apply?

Answer 11

Yes, they are entitled to renew their application before a two-judge, or full court

Question 12

Can an offender still appeal to the CoA even if they pleaded guilty?

Answer 12

Yes

Eg, if the conviction is found to be unsafe despite the guilty plea

Question 13

What 3 factors are looked at in determining whether a guilty plea was safe or not?

Answer 13

If the appellant was fit to plead

Had received expert advice

Was aware of what they were doing

Question 14

What are the 3 categories of cases where the CoA will consider appeals following a guilty plea?

Answer 14

Erroneous legal advice

Abuse of process cases

Established that the D had not committed the offence (Eg, following fresh evidence)

Question 15

What are the 6 key errors raised on appeal in CoA?

Answer 15

Wrongful admission/exclusion of evidence

Erroneous exercise of discretion

Rejection of submission of no case to answer

Defects in indictment

Inconsistent verdicts and jury irregularities

Conduct of the trial judge

Question 16

When will the Court of Appeal deal with a judge’s erroneous exercise of discretion?

Answer 16

In very limited circumstances

There must have been a failure to exercise the discretion or take relevant factors into account

Question 17

What types of appeal challenges are there where there has been a defect in the indictment?

Answer 17

Where the indictment charges an offence not known to law

Where the indictment is signed without jurisdiction

Where an indictment duplicitous

Where counts are improperly joined

Question 18

When will the Court of Appeal quash an appeal based on inconsistent verdicts?

Answer 18

Only if the verdict is such that no reasonable jury could have reached the conclusion that it did

Must be so inconsistent that it demands interference on appeal

Question 19

Will a conviction be quashed based on a majority jury verdict of 9 to 2 (only 11 jurors)?

Answer 19

Yes, this will be quashed

Must be 10 to one

Question 20

What is included in an appeal based on the conduct of a judge?

Answer 20

Excessive judicial intervention has led to the quashing of a conviction

Eg, discourteous and interruptions

Question 21

How does the Court of Appeal approach appeals based on errors in summing-up?

Answer 21

If they find that an error in the judge’s summing-up to the jury led to an unsafe conviction

Question 22

What are the 6 common errors in summing-up that form a basis for appeal?

Answer 22

Misdirection on law

Wrongful withdrawal of issues from the jury

Misdirection on facts

Improper comment on facts

Comment on failure of accused to testify

Comment on accused’s character

Question 23

If the trial judged failed to direct the jury that it was necessary for the force to be used for the purpose of stealing, what basis can this be appealed?

Answer 23

Error in summing-up based on a misdirection on law

Question 24

What is meant by “wrongful withdrawal of issues from the jury” as a basis for appeal?

Answer 24

Where the judge fails to direct a jury as to a fact, which is a key element of the offence

This may cause an unsafe conviction

Question 25

Are judges entitled to comment on facts or defence case?

Answer 25

They are allowed to make comments and express their opinions But cannot exhibit blatant unfairness and bias

Question 26

When will opportunity for appeal arise based on the improper comments made by a judge?

Answer 26

If the judge exhibits blatant unfairness and bias, which may imperil a conviction

Question 27

If a judge fails to make a direction on the failure of an accused to testify, can this lead to an appeal?

Answer 27

Yes, as it is very important the judge makes a clear and proper direction

Question 28

If a judge fails to give a good character direction, is this grounds for appeal?

Answer 28

It will not be automatically open to appeal It will only be open if the judge reached an improper conclusion on character

Question 29

When dealing with successful appeals on convictions, what two things may the Court of Appeal do?

Answer 29

Either quash the conviction and enter a verdict of not-guilty OR Order a retrial

Question 30

What factors will the CoA consider when deciding whether to order a retrial?

Answer 30

The length of time elapsed between the original conviction and appeal Extent to which fresh evidence has been received Publicity surrounding the offences- may lead to unsafe conviction

Question 31

What are 7 commonly occurring grounds of appeal against sentence?

Answer 31

Sentence wrong in law Sentence wrong in principle Judge's remarks when sentencing Procedural errors Sense of grievance Disparity of sentence Failure to distinguish between offenders

Question 32

What is meant by the "sentence wrong in law" ground for appeal"?

Answer 32

Where the sentence is legally wrong, and cannot legally be passed

Question 33

What is meant by the "sentence wrong in principle" ground for appeal?

Answer 33

Where the sentence was outside the range of appropriate penalties- judge must follow the sentencing guidelines Must be manifestly excessive Cannot be merely "severe"

Question 34

What is meant by the "judge's remarks when sentencing" ground for appeal?

Answer 34

Where the judge's sentencing remarks reveal irrelevant factors that have been taken into account when sentencing Eg, where it seems the sentence has been increased for an irrelevant reason

Question 35

What procedural errors in sentencing are there as grounds for appeal?

Answer 35

Failure of a judge to follow the correct procedure in sentencing

Question 36

What is meant by the "sense of grievance" ground for appeal of sentence?

Answer 36

Where the appellant has a justifiable sense of grievance at a sentence imposed

Question 37

What is meant by the "disparity of sentence" ground for appeal?

Answer 37

Where there are clear disparities in sentences between co-accused If an appellants sentence was more severe than their co-accused for NO GOOD REASON

Question 38

What statute governs the procedure for appealing to the Court of Appeal?

Answer 38

The Criminal Appeal Act 1968

Question 39

When must notice of appeal be lodged to the Court of Appeal?

Answer 39

Within 28 days of conviction or sentence

Question 40

What is the notice of appeal form called?

Answer 40

Form NG

Question 41

Who specifically in the Court of Appeal is a notice of appeal sent to?

Answer 41

The Registrar of Criminal Appeals

Question 42

What must the notice of appeal include?

Answer 42

Grounds of appeal and relevant facts An electronic copy of any authorities

Question 43

When sending a notice of appeal, can the grounds and relevant facts be submitted in separate documents?

Answer 43

No they must be sent together in one document

Question 44

When the notice of appeal is first sent to the Registrar, what will the Registrar do?

Answer 44

They will identify any areas which need perfecting/varying and send them back to counsel Counsel then has 14 days to perfect the grounds

Question 45

How many days does Counsel have to perfect the grounds of appeal?

Answer 45

Within 14 days after the Registrar sends them back

Question 46

What is the purpose of perfecting the grounds of appeal?

Answer 46

To save judicial time by identifying the relevant parts To enable counsel to reconsider the grounds

Question 47

What is the duty of counsel when considering the grounds of appeal?

Answer 47

Must not settle grounds unless they are properly arguable

Question 48

Once the grounds of appeal have been perfected, what then happens?

Answer 48

The case is referred to a single judge for consideration of whether leave to appeal should be granted The judge will also consider the prosecution response to the grounds

Question 49

When considering the grounds of appeal, if the judge grants leave of one ground, but dismisses the others, what must happen?

Answer 49

The appellant must renew the application for leave in relation to the other grounds

Question 50

Who is a renewed ground for leave to appeal heard by?

Answer 50

At least two judges, sometimes three

Question 51

Can notice of appeal be lodged after the expiry of 28 days?

Answer 51

Yes, an extension may be granted at the Registrar's discretion The appellant must show a good reason for the extension

Question 52

When leave of appeal is granted, what must the Registrar send?

Answer 52

Must give as much notice as is reasonable practicable to the parties

Question 53

Can evidence be admitted into a hearing of appeal?

Answer 53

Yes, the CoA may admit evidence and hear from witnesses if in the interests of justice

Question 54

When can evidence be admitted into an appeal hearing in the CoA?

Answer 54

Where in the interests of justice and is necessary

Question 55

Can fresh evidence be admitted into an appeal hearing in the CoA?

Answer 55

Must be in the interests of justice However, cannot introduce evidence that advances a basis for conviction not argued previously

Question 56

If an appellant has spend time in custody whilst waiting for leave to appeal, will this count to the sentence?

Answer 56

The CoA can direct that the time spent in custody will NOT count towards the sentence Usually if the appeal was without merit or frivolous

Question 57

What is the Safety Test in dealing with appeals against convictions?

Answer 57

The test asks the principal question of: Is the conviction unsafe? If they feel the conviction is unsafe, they should allow the appeal

Question 58

What is the principal question the CoA should ask in determining an appeal against conviction?

Answer 58

The Safety Test: Is the conviction unsafe?

Question 59

If an appeal against conviction is successful, what will the CoA do?

Answer 59

They will quash the conviction OR Order a retrial- if in interests of justice

Question 60

When will the CoA order a retrial?

Answer 60

If they allow an appeal against conviction and it is in the interests of justice to do so

Question 61

When will the Court of Appeal substitute a verdict?

Answer 61

Where they believe the jury would have found the appellant guilty of the substituted offence The jury must have been satisfied of the facts which proved the appellant guilty

Question 62

Where an accused has been tried on indictment and acquitted, what are the circumstances where the Attorney-General may step in?

Answer 62

The A-G may require the opinion of the Court of Appeal on a point of law that has arisen in the case The Court of Appeal will then give their opinion on it This won't affect the acquittal, but the accused will have to attend a hearing

Question 63

What is an example where the Attorney-General will ask the CoA to look at a point of law?

Answer 63

Where the Court of Appeal will decide on whether a sentence was unduly lenient, they may then make a new sentence

Question 64

What is the CCRC?

Answer 64

The Criminal Cases Review Commission They may, at any time, refer a conviction on indictment or sentence to the Court of Appeal

Question 65

What is the function of the CCRC?

Answer 65

They may, at any time, refer a conviction on indictment or sentence to the Court of Appeal For this, there must be a real possibility that the CoA would quash the original conviction or sentence

Question 66

When will the CCRC refer a conviction or sentence to the CoA?

Answer 66

If they believe the original conviction or sentence would be quashed This is on the basis of fresh evidence

Question 67

Can the prosecution appeal against rulings?

Answer 67

Yes, they can appeal against terminating rulings OR Appeal against evidentiary ruling which significantly weaken their case

Question 68

What are the two categories of appeals by the prosecution against Crown Court rulings?

Answer 68

Appeal against terminating rulings OR Appeals against evidentiary rulings which significantly weaken their case

Question 69

What are examples of where the prosecution have appealed against Crown Court rulings?

Answer 69

Appeal against the refusal of an adjournment to allow a witness Appeal against exclusion of evidence THE RULINGS MUST HAVE SIGNIFICANTLY WEAKENED THEIR CASE AND HAVE BEEN INCORRECT

Question 70

What are the stages of a prosecution's appeal against a Crown Court ruling?

Answer 70

Inform the court they intend to appeal or request an adjournment- must be made immediately following the ruling Then serve notice of appeal on the court, the CoA and the accused within 5 days or apply orally for leave to appeal

Question 71

How many days after a Crown Court ruling does the prosecution have to appeal?

Answer 71

Within 5 days of the ruling

Question 72

How does the Court decide on granting leave to the prosecution to appeal a ruling?

Answer 72

They must hear representations from the defence AND Whether it is in the interests of justice

Question 73

What is a terminating ruling made by the Crown Court?

Answer 73

A ruling that will terminate a case and the trial The prosecution can appeal these rulings

Question 74

If the Crown Court has made a terminating ruling, what must the prosecution undertake if they appeal?

Answer 74

They must undertake to offer no evidence against the accused in the event that the appeal is either abandoned or refused

Question 75

When will an appellant be allowed to appeal a Court of Appeal to the Supreme Court?

Answer 75

Only if the CoA or SC consider that the appeal involves a point of law of general public importance

Question 76

What are the only appeals from the CoA that can be heard in the Supreme Court?

Answer 76

It must involve a point of law of general public importance

Question 77

How many days after a Court of Appeal decision must an appeal be made to the Supreme Court?

Answer 77

No more than 28 days after the decision

Question 78

When will the Court of Appeal offer a re-trial where it quashes a conviction?

Answer 78

Where it is in the interests of justice to do so

Question 79

When is leave to appeal to the Court of Appeal not needed?

Answer 79

Where the trial judge has certified that the case is fit for appeal No leave is needed from the CoA