Lecture notes
APPEALS FROM THE CROWN COURT NOTES
APPEALS FROM THE CROWN COURT NOTES - BPTC, Criminal Litigation In conjunction with BPP Criminal Litigation Manual and Blackstone's Criminal Practice 2021.
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APPEALS FROM THE CROWN COURT NOTESa. The power of the CC to rectify its mistakes as to sentence
Variation of Sentence→ A sentence imposed or other order made by the CC when dealing
with an offender may be varied or rescinded within 56 days of being passed or made
(s.155(1) PCC(S)A and 28.4). Must be varied by the Judge who originally passed sentence BUT
if, he was accompanied by justices on the first occasion, they need not be present for the
variation (s. 155(4)). The power to vary may not be exercised in relation to any sentence or
order if an appeal against it (or application for leave to appeal) has been determined (s.
155(1A)).
Extent of the Power to Vary→ s155 PCC(S)A –may be used to replace one form of sentence
with a quite different form e.g. a custody sentence for a hospital order or equivalent term of
custody for a detention (so not restricted to changing the length) or used to add an extra
order to sentence already passed or make a correction to the period the court has allowed
for time spent in custody on remand. Also, may use the power to impose either a more
punitive or more lenient sentence and to correct a sentence considered wrong in principle.
b. The right of appeal to the COA and the requirement to obtain leave
Statutory Bases of jurisdiction of the COA
The majority of appeals against conviction and sentence are disposed of by the COA under its
statutory jurisdiction (s.55(2) SCA) incl. jurisdiction to determine appeals against-
• Conviction on indictment and/or sentence following conviction on indictment
• Sentence passed on a committal for sentence.
• Rulings made at preparatory hearings in serious fraud cases.
AND:
• To give an opinion on a point of law referred to the court by the A-G following an acquittal
on indictment.
• To increase sentence on a reference by the A-G following an unduly lenient sentence for
an offence triable only on indictment.
• To determine appeals on a reference by the CCRC.
COA has no power to hear an appeal against a refusal to make a football banning order.
Matters Dealt with by the Full Court→ A court consisting of an uneven number of judges no
fewer than three is required to determine (a) an appeal against conviction, (b) a review of a
sentence under the CJA 1988, (A-G's references) (c) an appeal against a finding that a person
is under a disability, (d) an application for leave to appeal a verdict of not guilty by reason of
insanity or a finding of unfitness to plead which has not previously been refused by a single
judge, and (e) an application for leave to appeal to the SC (s.55 SCA) – ordinarily will
compromise of just 3 judges, but may be more where very important matter or there have
been conflicting decisions of COA on the same point.
,Matters Dealt with by a Two-judge Court→ a court comprised of two judges may deal with
any matter (s. 55(4) SCA).
Appeal against Conviction
Statutory Basis of Appeal against Conviction
s.1 CAA 1968 → subject to (3) a person convicted of an offence on indictment may appeal to
the COA against his conviction. An appeal under this section lies only with the leave of the
COA or if, within 28 days of the date of the conviction, the TJ grants a certificate that the case
is fit for appeal.
A certificate of fitness to appeal should be issued only in exceptional circumstances- it
removes the need for leave to appeal to be granted by the COA but it does not commence
the appeal; advocates still need to follow the procedure under CrimPR part 39.
Unless the TJ has granted a certificate that the case is fit for appeal, any would-be appellant
needs leave to appeal. Written grounds of appeal must be submitted within 28 days of the
conviction. The initial decision either to grant or refuse leave is usually taken on the papers
by the single judge but sometimes may be made by a two-judge or full court at the discretion
of the Registrar of Criminal Appeals. The need for expedition is sometimes a reason for
holding such a leave hearing or when an unlawful sentence has been passed and the sentence
needs adjusting. If leave is refused by the single judge, the applicant is entitled to renew his
application before a two-judge or full court under s. 31(3).
Appeal against Conviction following a Plea of Guilty
The fact that a GP has been entered does not preclude an appeal against the resultant
conviction e.g. if the conviction is found to be unsafe despite the GP it will be quashed- BUT
the fact an appellant was fit to plead, received EE, was aware of what he was doing and
intended to PG would be highly relevant to the consideration of the safety of the conviction.
COA may also quash a conviction arising from GP following the admission of fresh evidence
on appeal.
Commonly where there has been an incorrect ruling on a point of law by the TJ which allows
the appellant no escape from a guilty verdict. BUT if appellant has simply been influenced to
enter a GP b/c of a decision to admit evidence which meant that his prospects of acquittal
were hopeless, the conviction would not normally be held unsafe e.g. BC evidence.
A conviction may also be held to be unsafe when the GP flowed from inappropriate legal
advice e.g. not considering possible defence- exceptional course to be taken only when the
court believes the defence would probably have succeeded or (reasonable prospect of a
defence succeeding) and therefore concludes that an injustice has been done.
c. The common grounds giving rise to appeal against conviction & sentence (not exhaustive)
, a. Wrongful Admission or Exclusion of Evidence→ will lead to the quashing of a conviction if
the error means that the conviction is unsafe, even if the appellant's advocate failed to object
to the admission of the evidence when it was adduced BUT this will be a factor in determining
whether its admission was sufficiently prejudicial to render conviction unsafe.
b. Erroneous Exercise of Discretion → only in very limited circumstances. Prospects of
appeal succeeding here improved if there has been a failure to exercise the discretion or a
take relevant factors into account, or the judge has taken irrelevant factors into account. Can
examine the relevant facts/circumstances to exercise a discretion by way of review.
c. Wrongful Rejection of SNCTA→ will lead to the conclusion that a conviction is unsafe - even
when the appellant has given evidence and admitted guilt in CE. The failure of an experienced
advocate to make a submission of no case will not preclude the quashing of a conviction on
the basis that there was in fact no case to answer, but COA will presume the advocate had
reason to not make the submission and will look at the whole of the evidence. COA will not
ordinarily interfere if a submission would have succeeded but was not made, and evidence of
guilt emerged later in the trial.
d. Defects in the Indictment e.g.
• Where the indictment charges an offence not known to law, the conviction will be
quashed-even if the accused pleads guilty or no point is taken at trial
• Where the indictment is preferred and signed without jurisdiction, the proceedings will
be a nullity
• A bill of indictment must be duly signed by the proper officer of the court for it to be a
valid indictment. Without such an indictment, there could be no valid trial.
• Where an indictment is duplicitous, a conviction may be quashed if the duplicity results
in the conviction being unsafe – this is so whether objection was taken at trial or not
• When counts are improperly joined or included in an indictment the conviction may be
quashed. If the joinder of counts falls foul of s. 2(2) Administration of Justice
(Miscellaneous Provisions) Act 1933, the conviction will be quashed subject to the caveat
that application must be made at trial to quash the indictment. Sufficient where appellant
unrepresented but TJ made the point. Also- COA have expressed inherent jurisdiction to
quash added or substituted counts if they might result in injustice even though they were
founded on the committal papers and no objection was taken at trial.
• Where trial proceeds on indictment not formally amended and D not arraigned on it- COA
dismissed appeal where these procedural errors did not result in any unfairness to D’s,
nor rendered convictions unsafe.
e. Inconsistent Verdicts and Jury Irregularities → will quash only if those verdicts are such
that no reasonable jury applying its mind to the evidence could have reached the conclusions
that it did. It is for the appellant to show a logical inconsistency between the verdicts criticised
and to demonstrate it is not possible to postulate a legitimate chain of reasoning which could
explain the apparent inconsistency. E.g. jury not given inconsistent verdicts when acquitted
for possession of weapon but convicted for affray – threatened the V’s with weapons b/c
must have been sure they used weapons but could have been unsure about the nature of the
weapons/which offender used which. May be quashed if majority of 9-2- when jury are only
11, any majority must be one which 10 are agreed or 9 if 10 jurors. Also misconduct by jurors
can lead to quashing e.g. getting info on the internet.
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