Appeals from the crown court

• if a defendnat has been found guilty following a crown court trial, they can make an appeal for their conviction and or sentencing, to the criminal division of the appeal court
• According to the criminal appeal act 1995, the defendant is required to attain leave to appeal- this will be decided by a single judge in the court of appeal. this is done to filter out cases without merit and to save time.
• The Criminal Appeal Act 1995 simplified the grounds under which the Court of appeal can allow an appeal. it states:

  "An appeal shall be allowed against conviction if the court thinks that the conviction is unsafe, and shall dismiss an appeal in any other case."
• What is an unsafe conviction?

  Since the European Convention of human rights was incorporated into the law via the Human Rights Act 1998, an unsafe conviction means a conviction resulting from a denial of a fair trial.
• A defendant can apply to introduce new evidence, but:

  • The evidence must appear to be capable of belief and afford a ground for appeal
  • The evidence must be considered to determine whether it would've been admissible in the trial and why it wasn't produced in the original trial.
• describe the criminal court of appeal's powers:

  allow defendant's appeal, and quash conviction

  vary convictions to a lesser offence that the defendant coulve been convicted of

  decrease, not increase sentences

  dismiss appeal

  order a retrial in front of a new jury
• The prosecution can appeal against an acquittal when:

  1. Aquital was a result of the jury being nobbled
  2. there is new and compelling evidence of the defendant's guilt, and it is in the public interest for the defendant to be retried- these powers are given by the criminal justice act 2003.
• WHat does it mean if a jury was nobbled?

  One or more jurors were bribed or threatened by associates of the defendant
• when would it be right to say there was a double jeopardy in the criminal law context?

  If a defendant was tried twice for the same offence, after the DPP (Director of public prosecutions) has consentred for the reopening of investigations.
• Why is the Stephen Lawrence case an example of a double jeopardy case?

  New and compelling evidence became available due to improved DNA testing techniques after 19 years of the murder happening. This lead to the two defendants being retried and convicted of the offence.
• Following an appeal, under section 36 of the Criminal Justice Act 1972, the Attorney General can refer a point of law to the court of Appeal in order to get a ruling on the law. The decision by the court of appeal on that point of law doesn't impact the acquittal, but it creates precedent for future cases involving the same point of law.
• Both the prosecution and defence can appeal from the Court of appeal to the Supreme Court. The case must be certified to involve a point of law of general public importance and get leave to appeal from either the Supreme Court or the court of Appeal. The appeal can only be made against conviction or acquittal. The appeal will consist of legal documents only, and fewer than twenty appeals of criminal nature are usually heard but the Supreme Court per year.