Appeals and Appellate Courts

• Both the prosecution and defence can appeal.
• The defence can appeal against conviction and/or sentence.
• The prosecution can appeal against acquittal, point of law, and sentence.
• Appeals from the Magistrate's Court to the Crown Court is the most common and they are only available for the defence.
• The defendant has an automatic right to appeal whether they pleaded guilty or not guilty and does not need to be granted permission to appeal.
• If the case is reheard at the Crown Court, there will be a judge and two magistrates.
• "Case stated" appeals are about a point of law, and these go to the Administrative Court within the King's Bench Divisional Court in the High Court.
• Both prosecution and defence can use "case-stated" appeals.
• "Case-stated" appeals are not a complete rehearing but the magistrates or judges are asked to justify their decisions.
• No witnesses are there for "case-stated" appeals.
• "Case stated" appeals are heard by two or three High Court judges.
• A case can be heard at the Supreme Court if the HC certify that there is a point of general public importance or the HC or SC give permission to appeal.
• Court of Appeal can allow an appeal against conviction if they feel the conviction is unsafe.
• If the defence's appeal is against the sentence then the court can only decrease the sentence, they cannot increase it.
• Prosecution originally had no rights for prosecution however they now have limited rights.
• Prosecution can appeal against a ruling on a point of law or against an acquittal.
• A-G can appeal against sentence s36 Criminal Justice Act 1988.
• Both prosecution and defence can appeal to Supreme Court but permission is needed and it must be of general public importance.
• The appeal route depends on the level of judge hearing the case originally.
• A second appeal would always be to the Court of Appeal, however it's not always allowed.
• s55 Access to Justice Act 1999: "No appeal may be made to the Court of Appeal...unless the Court of Appeal considers that (a) raise an important point of principle or practice (b) there is some other compelling reasons for the Court of Appeal to hear it?
• Normally appeals go to the Court of Appeal. In rare cases they can be a "leap-frog" which makes to go directly to the Supreme Court.