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Different route than crown court.
Route depends on whether appeal on a point of law or another reason.
2 routes: Crown Court or Queen’s Bench Divisional Court.
Appeals to the crown court.
Normal route.
Only available to defend.
If defendant pleaded guilty or Magistrate’s Court, they can only appeal against sentence.
If defendant pleaded not guilty, can appeal both against conviction and sentence.
Both have automatic right to appeal.
At crown court; case completely reheard by judge and 2 magistrates, can decide with or
against previous.
Crown court against sentence; confirm, decrease or increase.
12000 appeals per year.
Case stated appeals.
Appeals on points of law- no witnesses.
To Queen’s Bench divisional.
Both defence and prosecution can use.
Previous court asked to start case by setting out their finding for fast decision.
Argued on what law is on those facts.
Heard by 2 or 3 high judges- sometimes a judge from court of appeal.
Defendant only against conviction not sentence.
100 appeals each year.
Appeals by the defendant.
Possibility of appealing against conviction/sentence to the Court of Appeal.
At the end of the trial when found guilty, lawyer advises defendant on appeal.
Must be done verbally or written within 14 days.
To make an appeal, a notice must be filed at the Court of Appeal.
The Criminal Appeal Act 1995.
Simplified the grounds under which the court can allow an appeal.
The Act state that the Court of Appeal.
a) Shall allow an appeal against conviction if they think that the conviction is unsafe.
b) Shall dismiss such an appeal in any other case.
Since the European convention on Human Rights has been incorporated into our law by
the human Rights Act 1998, the Court of Appeal has a broad approach to the term
‘unsafe’.
, ‘Unsafe’ – where the defendant has been denied a fair trial.
The Criminal Justice and Immigration Bill 2007 proposes to amend the grounds for
appeal.
It will add a provision that a ‘conviction is not unsafe if the Court of Appeal are satisfied
that the appellant is guilty of the offence’.
Challenge criticised.
Court of Appeal’s powers.
Can allow the defendant’s appeal and quash the conviction.
Varies conviction to a lesser offence.
Court can increase/decrease the defendant’s appeal.
Court can dismiss an unsuccessful appeal.
The power to retrial in front of a new jury.
- power given in 1988 but at first, not often used, only one retrial in 1989
- its use has been increased with 50-70 retrials per year.
Leave to Appeal.
Rules are set out in Criminal Appeal Act 1995.
Defendant must get leave to appeal from the Court of Appeal or a certificate that the
case is fit for appeal from the trial judge.
The idea of having to get leave is that cases which are without merit are filtered out and
court time is saved.
Appeals by the prosecution.
Originally no had no right to appeal from a verdict passed in the Crown Court.
Limited rights of appeal given to Parliament.
Against a Judge’s ruling.
Trail Judge gives a ruling on a point of law which effectively stops the case against the
defendant…. Prosecution now have the right to appeal against that ruling.
Criminal Justice Act 2003.
Against Acquittal.
Only two limited situations in which the prosecution can appeal against an acquittal.
Where jurors are bribed or threatened by associates of the defendant (nobbling). The
Criminal Procedure and Investigations act 1996, allows an application to be made to the
High Court. Once acquittal quashed prosecution start new proceedings.
Where there is new and compelling evidence of the acquitted person’s guilt and it is in
the public interest for defendant to be retried.
Only available for some 30 serious offences, murder, manslaughter, rape and terrorism
offences. Known as double jeopardy.
The DPP has to consent to the re-opening of investigating in the case.
, This power used in cases where new DNA testing now shows that a defendant who was
acquitted is in fact the offender.
Against sentencing.
Section 36 of the Criminal Justice act 1988 the Attorney-General can apply for leave to
refer an unduly lenient sentencing to the Court of Appeal for re-sentencing.
For indictable cases only.
Extended in 1994 to many triable either way offences.
Cases:
Luan Plakici, found guilty of kidnapping, procuring girls for sex and living off prostitution.
Brought young girls into Britain from Eastern Europe. Sentenced to 10 years
imprisonment, but on the Attorney-General reference, the Court of Appeal changed the
sentence to 23 years imprisonment.
Another case was in 2007 where a 14 year old boy set fire to a school in West Yorkshire,
caused 3 million worth of damage. Court of Appeal changed sentence to a 4 year
detention order.
Referring to a point of law.
Section 36 Criminal Justice act 1972 which allows the Attorney-General to refer a point
of law to the Court of Appeal.
Decision by the Court of Appeal doesn’t affect the acquitted but it creates a precedent
for a future case.
Appeals to the House of Lords.
The House of Lords!
Pass to get heard in HoL.
Equivalent the European Court of Justice.
Only cases heard if important.
Final court in the English legal system.
Prosecution and Defence can appeal.
Case certified as involving a point of law.
To get leave to appeal.
2003 there were 220 petitions for leave to appeal considered… but only 7 heard.
References to the European Court Of Justice.
Where a point of European law is involved in a case it is possible for any court to make a
reference to the European Court of Justice, under Article 234 of the Treaty of Rome.
However, this is a fairly rare occurrence in criminal cases, as most of the criminal law is
purely ‘domestic’ and not affected by the European Union law.
, The Criminal cases review commission.
Based in Birmingham, consists of fewer than 11 members.
Can refer appeals from Magistrates Court to Crown Court.
The Criminal Appeal Act 1995 established the Criminal Cases review commission; the
proposal was made by Royal Commission.
It’s responsible for bringing cases where possible miscarriage of justice to the attention
of Court of Appeal if it was originally heard by the Crown Court.
Either a person can apply to the Commission or Commission itself can, using own
initiative.
Commission can carry out investigation; police may have to reinvestigate.
Able to seek opinion from Court of Appeal, before making reference.
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