Appeals at Crown Essay Model Answer

• There are various appeal routes in the criminal justice system when there is a disagreement with the decision from the Court of First Instance to try and get it changed at a Higher Court.
• If the case was first tried at the Crown Court (indictable offence, triable-either-way offences where the Magistrates court have rejected jurisdiction, or have accepted jurisdiction but the defendant has elected trial at the Crown Court), the defence can appeal from the Crown Court to the Court of Appeal (Criminal Division) against sentence and/or conviction within 28 days of conviction if granted leave to appeal (permission).
• Under the Criminal Appeals Act 1995, leave will only be granted if the original conviction is unsafe, perhaps due to fresh evidence. The outcome can include a retrial, conviction quashed or sentence reduced.
• Alternatively, the prosecution can appeal from the Crown Court to the Court of Appeal (Criminal Division) against acquittal. These limited rights are: against acquittal by jury. Under the Criminal Procedure and Investigations Act 1996, if the jury has reached a 'not guilty' verdict due to jury nobbling; where the jury has been tampered with. Additionally, if there is new and compelling evidence (e.g. the Stephen Lawrence case).
• Under s.36(1)(a) of the Criminal Justice Act 1988, the Attorney-General can appeal against an unduly lenient sentence and finally there can be an appeal against a judge's ruling (in cases where they have stated there is 'no case to answer') and the case against the defendant is stopped. The outcome can include the original decision confirmed, varied, fresh trial or sentence increased.
• Further appeals are limited to the Supreme Court and can only be made if the Court of Appeal certifies that a point of law of general public importance is involved and if leave to appeal (permission) is given by either the Court of Appeal or Supreme Court because the point of law is one which ought to be considered by the Supreme Court.