Appeals

• If D (or in more unusual circumstances, P) is not happy with the decision in a case, there may be an appeal. 

  Crown Court (Appeal Court): This court hears appeals from the Magistrates Court. D has an automatic right to appeal to the crown court From the Magistrates Court, and the case will be reheard entirely. 
• (2) Court of Appeal (Criminal Division): This court hears appeals from the Crown Court. D may wish to appeal their conviction or sentence. D must be given permission by a judge to appeal to this court. The prosecution can appeal in rare circumstances, for example, if they believe the jury or witnesses have been bribed/intimidated.
• KBD (Kings Bench Division) - Part of the High Court: This court deals with some criminal appeal cases where a point of law is questioned.

  Supreme Court: This court hears appeals from either the prosecution or defence on a point of law of great public importance. There are a very small number of cases like this each year. 

  There are a various options when an appeal is made. Part of this depends on where D’s case is dealt with in the first instance.
• If D’s case is initially decided in the Magistrates Court: Explain appeals starting in  the Magistrates Court :

  • From magistrates court appeal can be made by the D to the crown court . have an automatic right to appeal against conviction or sentence.
  • Here the case is reheard by a judge and 2 lay magistrates. they may decide to confirm decision reverse or vary it
• Magistrates Court (2)

  Appeals to the KBD of the High Court can be made if a point of law is apparent, either the defence or prosecution may appeal ‘by way of case stated’.  This can be following a Crown Court appeal hearing, or straight after the trial in the Magistrates Court.  Here the case is considered by a judge or a panel of judges who may order a retrial, confirm, reverse or vary conviction or send the case back to the Magistrates’ court for reconsideration.  A Further appeal can be made to the Supreme Court if there is a case of public importance.  This was the case in C v DPP
• Crown Court appeal

  • From the Crown Court, appeals are made to the Court of Appeal and are heard by either 3 or 5 judges.   D’s have the right to appeal if they can establish that they have grounds to appeal and leave to appeal is granted (Criminal Appeal Act 1995). 
  • Grounds will be established where a conviction is deemed unsafe.  Judges can confirm or reverse a conviction.  Sentences may be decreased. 
• Crown courts (2)

  The prosecution's right to appeal is much more limited.  They can appeal against a judge’s ruling which effectively stops the case against the D from continuing, such as a directed acquittal (The Criminal Justice Act 2003).  Appeal can be made against acquittal where jury nobbling has been involved in the case (and there was a prosecution for this).  Or if new and compelling evidence has been found, . Appeals on a point of law can be made under s36 CJA 1972,
• Crown court (3)

  initially appeals against unduly lenient sentences can be made under s36 CJA 1988.  This must be made by the Attorney-general.  In the CoA, the judges decide to confirm or reverse a decision.   Order a retrial or increase the sentence.  A further appeal may be made by either party to the Supreme Court.  This is rare as there must be a case of general public importance to be granted leave to appeal.