appeals

• Who are appeals open to if it is coming from the magistrate court to the crown court?

  The defence
• In an appeal from the magistrate's court to the crown court, what can be appealed if the D plead guilty?

  Sentence
• In an appeal from the magistrate's court to the crown court, what can the defendant appeal if they plead not guilty?

  Sentence and conviction
• In an appeal from the magistrate's court to the crown court, what can the crown court do if the D plead guilty?

  They can increase, decrease or keep the sentence; it cannot go beyond the sentencing jurisdiction of the magistrate's court
• In an appeal from the magistrate's court to the crown court, what can the crown court do if the D plead not guilty?

  In the crown court, a judge with 2 magistrates will rehear the case to include any new evidence; they can confirm or vary the conviction and or sentence
• what is an appeal by way of case stated?

  These are appeals from the Magistrates Court orfollowing an appeal from Crown Court that go to theKing’s Bench Divisional Court.
• Who can apply for appeals by way of case stated?

  Both the prosecution and defence
• What occurs in an appeal by way of case stated?

  The Magistrates or Crown Court is asked to set outtheir case by setting out their findings of the facts andtheir decision. The appeal is then argued on the basisof those facts. No witnesses are called and it is heardby 2 or 3 judges.
• What is the basis of appeals by way of case stated?

  The basis of the appeal is that the Magistrates or crown cour judges made a mistake as to the law.
• What can the KBD do in terms of the outcome of an appeal by way of case stated?

  They can vary/confirm or reverse the decision. They can also send it back to the Magistrates Court for them to implement the ruling on the correct application of the law.
• what can a defendant appeal if their case is from the crown court?

  Sentencing and/or conviction
• What must a defendant obtain to appeal a case from the crown court- according to which legislation?

  They must obtain leave, according to the criminal appeal act 1995
• why is leave required in cases from the crown court, according to the criminal appeal act 1995?

  To filter out cases without merit
• when can a defendant apply to introduce new evidence in an appeal from the crown court?

  If it is capable of being believed and if it would've been admissible in the original trial
• In an appeal from the crown court, what can the court of appeal do in terms of the sentence and conviction?

  They can quash, dismiss the appeal, order a retrial or vary the sentence/conviction
• in an appeal from the crown court, can the prosecution appeal and when would they ?

  Yes, the prosecution can appeal in certain circumstances, such as when they believe the jury has been nobbled or if there is new and compelling evidence and it is in the public interest that the Defendant is retried.
• Which legislation gives the criteria for when the prosecution can appeal a case from the crown court?

  The criminal justice act 2003, it lists 30 serious offences that can be appealed
• What is an example of a real life crown court case being appealed?

  The Stephen Lawrence case - where improved DNA techniques found new evidence.
• When can a point of law be referred after aquittal?

  Under section 36 of the criminal justice act 1972, after an aquittal the Attorney General can reger a case on the basis of a point of law to the court of appeal.
• What is the outcome of the Attorney general referring an aquittal to the CA?

  Nothing occurs to the outcome of the case, but precedence is made
• when can an appeal to the supreme court?

  If there is an issue of public importance, and if leave is granted
• how many days after the trial does a defendant have to appeal their sentence and or conviction?

  14
• does the defendant have a right to apeal sentence and conviction to the crown court?

  They have to gain leave to appeal their conviction, but a right to appeal their sentence.
• What can the court of appeal do to a D's appeal?

  They can allow the appeal and quash the conviction. the CA can also vary the conviction or dismiss the appeal or order a retrial. They can only decrease the sentence.
• who can appeal from the magistrates court to the crown court?

  Only the defence
• What can the Defendant appeal when appealing from the magistrates court?

  Sentence only- leave is not required
• if the defendant plead not guilty of an offence from the magistrate's court, what can they appeal?

  Both the sentence or the conviction without leave
• When a defendand is appealing from the crown court to the CA, what can they appeal?

  Their sentence and/or conviction
• Does a defendant need leave to appeal a case from the crown court?

  Yes, but the decision to give leave or not will be made by a judge in the Court of appeal
• What legislation lays out the grounds of appeal?

  The criminal appeal act 1995
• When will the CA allow an appeal?

  If they think the conviction is unsafe