Appeals and appellate courts (crim)

• What appeal options are available from a trial at Magistrates court?

  Can appeal to KBD of High Court on a point of law- prosecution AND defence. Can appeal to Crown Court- ONLY available to the defence.
• An appeal to the Crown- if D pleaded guilty they can only appeal against their sentence. If they pleaded not guilty but were convicted, they can appeal against their conviction and/ or sentence. D has an automatic right to appeal from the Magistrates court- suggesting Mags are not reliable. The case is then reheard by a judge and 2 mags who confirm or quash the conviction. In an appeal against sentence they can confirm the original sentence or they can increase or decrease it, but any increase in sentence can only be up to the maximum of magistrates 6 months imprisonment for a single offence.
• What is the risk of appealing in criminal cases to the crown?

  you could get a higher sentence but you can't get more than 6 months (eg if you have 6 months it's good to appeal)
• Each year there's around 12,000 appeals and about half of those who appeal are successful, either in reducing a sentence or having their conviction quashed- Magistrates are getting it wrong... it tells us they're unreliable if 50% of their sentences and convictions are wrong, this is a VERY HIGH failure rate.
• Appeals to KBD are on points of law held on the basis that mags got the law wrong or the law was unclear and the mags misinterpreted it. Both prosecution and defence can appeal either direct from mags court or from an earlier appeal from the crown. The mags (or crown) are asked to state the case by explaining their decision based on the facts of the case, by which the appeal is then argued. The appeals heard by a panel of three High Court judges or sometimes two plus a CoA judge.
• When is the KBD appeal route used?

  Only used by the defendant if they have been convicted and by the prosecution if there has been an acquittal; it cannot be used to appeal against a sentence. This type of appeal is rare- around 100 cases annually. This tells us the law is generally well written and being applied correctly. It shows that mags court must be case hardened and are judging incorrectly.
• Appeals to the Supreme Court are very rare and will only happen if the case involves a point of law of general public importance. The KBD or the Justices of the SC themselves must give leave for appeal. EG- C v DPP: the divisional court decided that children aged 10 could now be called criminally responsible but the point of law was so important it went to the HoL who overruled this and said they can only be convicted if the prosecution could prove that the child in each case was aware of their wrong doing, setting a precedent.
• What is a court of first instance?


  Courts where trials are held (crim= mags & crown)
• Appeals from a trial in Crown


  Goes to CoA then SC if required on a point of law.
• Appeals from a trial in Crown for defence


  The defence can appeal against their conviction and/or sentence. It must be lodged immediately after the verdict or in writing soon afterwards. The notice of appeal must be filed with the CoA within 28 days of the conviction. The Criminal Appeal Act 1995 sets the rules for appeal: D must get leave to appeal from CoA, their application will be considered by one CoA judge though if refused it's possible to challenge this decision. Only 30% of appeals are granted permission to be heard.
• What does the Criminal Appeals Act say about appeals from a trial in Crown for the defence?

  The CAA states it can only be granted if the conviction is unsafe, the rest are dismissed. The CoA can either quash the conviction, convict D of a lesser offence, decrease the sentence (cannot increase) or order a retrial with a new jury due to an unsafe conviction/tampering (Twomey)
• Appeals from a trial in Crown for the prosecution

  Limited rights of appeal. Generally, they cannot appeal against an acquittal they think is unfair unless there's evidence of 'jury nobbling' (Twomey). However, this has never happened yet. If D is acquitted the Criminal Justice Act 1972 allows the AG to refer a point of law to CoA although this doesn't affect the acquittal. Known as the AG's Ref, 249 in 2003. The Criminal Justice Act 1988 allows the AG to appeal to the CoA against an exceptionally lenient sentence eg Luan Plakici.
• Appeals from a trial in Crown for the prosecution

  The Criminal Justice Act 2003 overturned 'double jeopardy' where a person acquitted of an offence cannot be retried for the same offence. D can now be retried if there's new significant evidence. However, this is only available for the most serious offences including rape, murder, manslaughter and terrorism. This was a great legal move because if D walks out and says he did it the could be retried.
• Appeal to the SC?

  Both the prosecution and defence may appeal to the SC but the case must be one involving a point of law of general public importance. The CoA or SC must give leave for the appeal.