appeal procedure

• What are the three classifications of offences?

  Summary offences, either-way offences, and indictable offences
• What courts handle appeals from the Magistrates’ Court?


  Appeals from the Magistrates’ Court go to the Crown Court
• In which court do appeals from the Crown Court go to?


  Appeals from the Crown Court go to the Court of Appeal
• Where do appeals from the Court of Appeal go?


  There are no further appeals from the Court of Appeal
• On what grounds can an appeal be made?


  Appeals can be made on points of law or unsafe convictions
• What will you learn in the topic of criminal courts, sentencing, and lay people?


  • Appeals and appellate courts
  • Sentencing and court powers: aims, factors, and types of sentences
  • Lay magistrates and juries: qualifications, selection, appointment, and their role in criminal cases
  • Evaluation of different types of sentences and the use of lay people in criminal cases
• Who can appeal from the Magistrates’ Court?


  Only the defendant (D) can appeal from the Magistrates’ Court
• If a defendant pleaded guilty at the Magistrates’ Court, what can they appeal against?


  They can only appeal against the sentence
• What is the outcome if a defendant who pleaded guilty appeals their sentence at the Crown Court?


  The Crown Court can increase or decrease the sentence
• If a defendant pleaded not guilty and was convicted at the Magistrates’ Court, what can they appeal against?


  They can appeal against both conviction and/or sentence
• What happens during the appeal at the Crown Court for a defendant who pleaded not guilty?


  The Crown Court will hear the trial again with any new evidence
• What is a case stated appeal?


  A case stated appeal is made on a point of law to the King’s Bench Division
• Who can make a case stated appeal?


  Both prosecution and defence can make a case stated appeal
• What is the outcome if the magistrates made a wrong decision due to a mistake about the law?

  The King’s Bench Division may confirm, vary, reverse, or send back to magistrates
• What must a defendant do to appeal from the Crown Court?

  The defendant must get leave (or permission) to appeal from a judge at the Court of Appeal
• What constitutes an unsafe conviction?


  An unsafe conviction usually occurs if the defendant has been denied a fair trial
• What must new evidence be capable of to be introduced in an appeal?


  New evidence must be capable of belief, admissible in court, and explain why it was not produced earlier
• What can the Court of Appeal do if a defendant is found guilty?


  The Court of Appeal can quash, vary, decrease the conviction, or order a retrial
• What grounds can the prosecution appeal from the Crown Court?


  Grounds include jury 'nobbling', new and compelling evidence, and against sentence
• What does the Criminal Justice Act 2003 cover regarding prosecution appeals?


  It covers serious offences like murder, manslaughter, rape, and terrorism
• What is the role of the Attorney General in appeals?


  The Attorney General may refer a point of law to the Court of Appeal for ruling
• What must a case involve for further appeals to the Supreme Court to be available?


  A case must involve a point of law of general public importance
• How many appeals are usually heard by the Supreme Court?


  Fewer than 20 appeals are usually heard by the Supreme Court
• What are the outcomes of an appeal from the Crown Court for the defendant?


  • Quash the conviction
  • Vary the conviction
  • Decrease the conviction
  • Dismiss the appeal
  • Order a retrial
• What are the outcomes of a case stated appeal?


  • Confirm the decision
  • Vary the decision
  • Reverse the decision
  • Send back to magistrates to implement the right decision
• What are the key points regarding the Attorney General's role in appeals?


  • Refers sentences to the Court of Appeal
  • Can refer points of law to the Court of Appeal
  • May apply for leave to appeal against unduly lenient sentences
• What are the implications of the Human Rights Act 1998 in appeals?


  • Ensures defendants have a fair trial
  • Grounds for appeal if a fair trial is denied
• What are the implications of double jeopardy in prosecution appeals?


  • Prosecution can retry acquitted persons under specific conditions
  • Requires new and compelling evidence
  • Consent of the Director of Public Prosecutions (DPP) is needed