Appellate Courts

• What cases does the Supreme Court deal with?


  From prosecution or defence and deals with cases on a point of law of great public importance.
• What kind of cases does the CoA hear?


  Appeals from the Crown Court if the defendant may wish to appeal their sentence or conviction.
• What must the defendant or prosecution get in order to appeal a case? 


  Permission called 'leave.'
• From which court can appeals be made by the defendant to the Crown Court?

  Magistrate Court
• What is the automatic right of the defendant regarding appeals?


  The defendant has the automatic right to appeal against a conviction or sentence.
• Who hears the case in the Crown Court during an appeal?


  A judge and two lay Magistrates rehear the case.
• What decisions can the Crown Court make regarding an appeal?


  They can confirm, reverse, or vary the decision.
• To which court can appeals be made if a point of law is apparent?


  QBD of the High Court
• Who can appeal to the QBD 'by way of case stated'?


  Both the defence and prosecution may appeal.
• What can the QBD do regarding a case?


  They may order a retrial, confirm, reverse, or vary the conviction.
• How many judges typically hear a case in the Court of Appeals?


  1. 5 judges
• What must the defendant establish to appeal in the Court of Appeals?


  They must establish grounds that the conviction is unsafe or too harsh.
• What is an example case where the Court of Appeals confirmed a decision?

  R v G (2003)
• What can judges in the Court of Appeals do regarding decisions?


  Judges can confirm, vary, or reverse the decision.
• What is the prosecution's right to appeal compared to the defendant's?


  The prosecution's right to appeal is more limited.
• What are examples of cases where the prosecution can appeal?


  1. New and Compelling evidence (e.g., Stephen Lawrence)
  2. Jury Nobbling
  3. Unduly Lenient (must be made by Attorney General, e.g., PC. Harper bike drag incident)
• When can appeals on a point of law be made?


  When the judge made an error while explaining the law.
• What can the judge in the Court of Appeals do regarding a decision?


  The judge can confirm, reverse, or vary a decision and order a retrial.
• What is required for a further appeal to the Supreme Court?


  It must be a point of law of general public importance.
• How many judges are in the Supreme Court?


  1. 7 judges
• What is an example of a case that established the age of criminal responsibility?


  C v DPP