Criminal appeals

• Criminal appeals from the magistrates court

  • Appeals go from the magistrates court to the high court KBD or the crown court
  • Further appeals occur from the high court KBD to the supreme court
• Appeals from the magistrates court to the crown court

  • 21 days to make an appeal
  • can appeal against conviction and or sentence
  • 2 magistrates and 1 crown court judge hear this appeal
• Appeals from magistrates court to the high court KBD

  • 2 to 3 high court judges hear this appeal
  • judicial review
  • Cant appeal on sentencing / convictions
  • prosecution and defence can make an appeal on a point of law e.g. Ex Parte Taylor - magistrate fell asleep during trial
• Appeals from high court to the supreme court

  • Leave is required to get to the supreme court
  • usually a further appeal from the magistrates court
  • must be on a point of law of public importance e.g. C V DPP which changed the age of criminal responsibility to 10 from 12
• Criminal appeals from crown court - defence

  • appeals from crown court to the court of appeal or the high court KBD
  • further appeal can occur from the high court KBD to the supreme court
• Defence - Criminal appeals from crown court to court of appeal

  • 28 days to make an appeal
  • when appealing against a conviction / sentence the defendant can only do so if the conviction is deemed to be unsafe (breach of article 6) as 'everyone has the right to a fair trial'
  • defence can appeal against sentence/conviction
  • Criminal appeals act 1995
• Defence - Criminal appeals from crown court to High court KBD

  • must be on a point of law
• Defence - Criminal appeals from high court KBD to the supreme court

  • Leave is required
  • must be on a point of law of public importance
• Prosecution - Criminal appeals from crown court to court of appeal

  • Reasons for appeal:
  • s.36 criminal justice act 1972 - prosecution can appeal on a point of law
  • s.36 criminal justice act 1988 - appeals on a lenient sentence
• Prosecution - Criminal appeals from crown court to high court KBD

  • Can appeal to do with jury knobbling. The criminal procedure act 1996 allows a retrial due to bribary and threat of the jury
• Prosecution - Criminal appeals from court of appeal to the supreme court

  • Futher appeal allowed on a point of law of public importance