criminal appeals

• where can the magistrates court appeal to?

  crown, KBD
• where can the crown court appeal to?

  KBD, COA
• where can the king's bench division appeal to?

  SC, COA
• where can the court of appeal appeal to?

  SC
• Who can appeal from magistrates to crown?

  defence only
• what is the only thing that happens from an appeal from magistrates to crown?

  case reheard (retrial) by a judge & 2 magistrates
• when does one have automatic right to appeal (mags to crown)

  within 15 days of sentencing or 21 if you didn't know about the case
• what do you appeal against if D had a guilty plea?

  Against the sentence
• what do you appeal against if D had a not guilty plea & was convicted?

  Appeal against both conviction & sentence
• What is both mags to crown & crown to KBD also known as?

  Appeal by way of case stated
• who can appeal from mags to KBD & crown to KBD?

  prosecution & defence
• what can you appeal for when going from mags to KBD & crown to KBD?

  -point of law (error/mistake)

  -appeal against conviction/ acquittal
• what outcome can the KBD then choose?

  Can reverse, vary or replace decision or just give their opinion
• who can appeal from crown to COA & KBD to COA?

  prosecution & defence
• what can the prosecution appeal on when going from crown to COA & KBD to COA?

  -point of law

  -against unduly lenient sentence

  -against aquital
• what must have happened for the prosecution to appeal against acquittal?

  -jury or witnesses were nobbled

  -new & compelling evidence & public interest
• what does "nobbled" mean?


  bribed or intimidated etc
• what is the case example for nobbling?

  R v Twomey
• what can the defence appeal against when going from the crown to COA & KBD to COA?

  -conviction &/or sentence
• what must the defence get/have to be able to appeal?

  -appeal must have been lodged verbally or in writing within 14 days

  -"notice of appeal" filed within 28 days of conviction

  -must get leave to appeal
• what outcomes can the COA decide?

  quash (reverse/remove) decision, vary (lesser) decision, decreased decision, order a retrial
• what can the KBD & COA appeal against when going to the supreme court?

  point of law of general public importance
• what is needed to be able to appeal to SC?

  permission granted