Criminal Appeals

• All appeals from the Magistrate's Court must be submitted within 21 days of the decision being made.

  There are 2 types of appeal from the Magistrate's Court:

  1. To Crown Court
  2. By Way of Case Stated
• To Crown Court:

  • Only available to the defense
  • Automatic right to appeal (no permission needed)
  • If defendant pleased guilty, they can only appeal the sentence.
  • If defendant pleaded not guilty, they can appeal against conviction and/ or sentence
  • Case reheard by Judge and 2 Magistrates.
  • Can reach same decision, reverse the decision, or reduce to lesser sentence
  • Can also keep the sentence, increase it (but only up to Magistrate's maximum) or decrease it
• By Way of Case Stated:

  • Goes to the Administrative Court (High Court - King's Bench Division)
  • Available to prosecution and defense
  • Can be direct from Magistrates Court or form the Crown Court appeal
  • Is used to appeal conviction/ acquittal if prosecution/ defense believe there was an error in the way the Magistrates interpreted the law.
  • Usually only 100 appeals of this type per year.
  • Usually heard by 2 High Court Judges who can confirm, vary or reverse the decision or can send it back to the Magistrates Court to implement the decision on the point of law.
• The type of appeal depends on whether it is started by the Prosecution or the Defense (all Criminal Court Appeals - Crown Court)

  • Appeal by the Defense
  • Appeal by the Prosecution
• Appeal by the Defense:

  • May appeal against conviction and/or sentence to the Court of Appeal on grounds that the conviction is unsafe.

  -- Sole ground under the Criminal Appeal Act 1995

  • Leave to appeal required

  -- Either from the Court of Appeal of certificate from trial judge that it is suitable for appeal.

  • Application must be made within 28 days.
• Appeal by the Defense:

  • New evidence can be brought in only if it is capable of being believed and could alter the case - they will also ask why it was not available at the original trial.
  • Court of Appeal can:

  -- Order a retrial or quash the conviction

  -- Can also vary to a lesser offence

  -- Can also dismiss the appeal if they decide the conviction was safe

  -- Sentence may be reduced upon appeal but not increased.
• Appeal by the Prosecution:

  • The prosecution can lodge an appeal in four different ways:

  1. Appeal against a Judges ruling
  2. Appeal against an Acquittal
  3. Referring a point of law
  4. Appeal against Sentence
• Against Judge's Ruling:

  • Criminal Justice Act 2003 allows the prosecution to appeal if they felt the judge ruled incorrectly on a point of law that decided the outcome of the case.
• Against an Acquittal:

  • If the jury was 'nobbled'

  -- Includes bribes or threats

  -- Criminal Procedure and Investigations Act 1996 says a retrial is allowed if this is proven.
• Against an Acquittal:

  • If there is 'new and compelling evidence'

  -- Criminal Justice Act 2003 allowed the type of appeal for 30 serious offences including murder, manslaughter, rape and terrorism.

  -- It is referred to as a 'Double Jeopardy'

  -- The DPP has to approve reopening the case.

  -- Usually comes about due to advances in DNA techniques.

  -- Seen in the conviction of Billy Dunlop for the murder of Julie Hogg (confession).

  -- Also Stephen Lawrence murder (DNA and blood samples)
• Referring a Point of Law:

  • If defendant is acquitted but the prosecution believe the judge misdirected the Jury about the law, they can refer to the Court Of Appeal to clarify if the judge was correct or not.
  • Criminal Justice Act 1972, s.36 allows for Attorney General to do this.
  • Decision of Court of Appeal does not automatically lead to a change in the decision of the case but does set a precedent for future cases.
• Against Sentence:

  • Criminal Justice Act 1988, s.36 allows the Attorney General to seek leave to appeal in respect of an unduly lenient sentence.
  • Goes to Court of Appeal for re-sentencing
  • Victims or members of the public apply to the AG for this to be considered.
  • Around 120 referrals per year with sentence increased in 80% of cases.
• Appeals to the Supreme Court:

  • A final appeal to the Supreme Court (formerly House of Lords) will only be allowed in exceptional circumstances. It must be a case of public/ national importance, and the Supreme Court must give their permission. They see around 200 cases per year.
  • They follow the Leapfrog Procedure.
• Leapfrog Procedure:

  Some cases may be able to 'leapfrog' the Court of Appeal and go directly to the Supreme Court for their appeal hearing.

  • It is an issue of national/ public importance.
  • It is an issue important enough to warrant allowing the leapfrog.
  • The Court of Appeal is bound by its own previous precedent and only the Supreme Court can overrule that precedent.