Appeals in crim courts

• Defence


  Solicitor or barrister working for D
• Prosecutor


  Solicitor or barrister working on behalf of the state (CPS-Crown Prosecution Service)
• Point of law


  When appealing to Supreme Court, when there is a misunderstanding or incorrect interpretation.
• Case Stated


  Where facts of the state are reviewed, not a retrial.
• Appeals from the magistrates hierarchy


  European Court of Human Rights (ECtHR)

  ^^^

  Supreme Court (UKSC)

  ^^^

  King's Bench Division (High Court/Court of Appeal)

  ^^^

  Crown Court

  ^^^

  Magistrates Court
• Crown Court (Who by)

  Defence
• Crown Court (Why)


  Found guilty in magistrates, OR sentence too high.
• Crown Court (Outcome of appeal attempt)


  Could be reheard by judge and/or jury.
• Crown Court (Other info)


  No application, automatic route
• King's Bench Division (Who appeals)

  Defence or Prosecution
• King's Bench Division (Why)


  D- Appeals verdict/sentence/ both.

  P- Order new trial.
• King's Bench Division (Outcome of appeal attempt)

  3 judges confirm a safe verdict, reduce the sentence, or allow a retrial.
• King's Bench Division (Other info)

  Need to apply to appeal > time limit to apply of 28 days.

  Need new or compelling evidence

  V can apply for appeal if an undually lenient sentence
• Undually Lenient Sentence


  Sentencing is too lenient for the crime committed and the circumstances.
• Supreme Court


  Of great public importance

  On a point of law to change current laws in some way.
• ECtHR


  Only if courts hadn't been applying to the Human Rights standards

  No change but highlights to lower courts
• Appeals from Crown Court hierarchy

  European Court of Human Rights (ECtHR)

  ^^^

  Supreme Court

  ^^^

  King's bench division

  ^^^

  Crown Court