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Criminal Process Appellate Functions

Criminal Process Appellate Functions. Objectives. Explain the routes of appeal available from the Magistrates’ Court. Explain the routes of appeal available from the Crown Court. Understand key terminology relating to appeals, including case stated , leapfrog appeal , leave to appeal.

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Criminal Process Appellate Functions

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  1. Criminal ProcessAppellate Functions

  2. Objectives • Explain the routes of appeal available from the Magistrates’ Court. • Explain the routes of appeal available from the Crown Court. • Understand key terminology relating to appeals, including case stated, leapfrog appeal, leave to appeal.

  3. Appeals from the Magistrates Court QUEEN’S BENCH DIVISIONAL COURT Case-stated appeal Case-stated appeal CROWN COURT • Defence only; • If plead guilty, only appeal against sentence. • If plead not guilty, appeal against conviction and/or sentence. MAGISTRATES’ COURT

  4. Appeals from the Magistrates’Court To the Crown Court By the DEFENCE • Made by the defenceonly. • Defendant has an automatic right of appealagainst conviction or sentence, where the defendant originally pleaded not guilty. • Against conviction: Crown Court judge rehears case with two Magistrates. They can: • -come to the same decision • - reverse the decision • Against sentence: Crown Court judge can impose a harsher sentence, but only to the maximum sentence available to Magistrates. • Appeal must be made within 21 days of the conclusion of the case.

  5. Appeals from the Magistrates’ Court To the Queen’s Bench Divisional Court • Can be made by the prosecution or defence • Can be made directly from the Magistrates Court or as an appeal from the Crown Court. • The basis for the appeal is a claim that the Magistrates made an error of law or acted outside their jurisdiction. • Appeal is heard by a panel of 2-3 High Court judges from the Queen’s Bench Division. • The Queen’s Bench Divisional Court can: • - reverse or vary the decision • - make an alternative decision • - give the Magistrates their opinion on the area of law involved. • If the appeal is successful, the case will be sent back to the Magistrates for reconsideration.

  6. Appeals from the Magistrates’ Court To the Supreme Court A further appeal can be made to the Supreme Court if: - there is a point of law of general public importance. - leave to appeal is granted by the Queen’s Bench Division or the Supreme Court. Case Study: C v DPP (1994)

  7. Appeals from the Crown Court SUPREME COURT Prosecution – On point of law of general public importance COURT OF APPEAL (Criminal Division) QUEEN’S BENCH DIVISIONAL COURT Defence against sentence or conviction – Criminal Appeal Act 1995 Prosecution – 1. Attorney-General reference on a point of law. 2. Attorney-General against lenient sentence Defence Case-stated appeal This is the same as the Magistrates’ Court. Prosecution Appeal against acquittal where jury has been ‘nobbled’ CROWN COURT

  8. Appeals from the Crown Court To the Court of Appeal (Criminal Division) By the DEFENCE • Can be against conviction or sentence. • The defendant must state, verbally, or in writing, that they want to appeal within 14 days of the conclusion of the trial. • The full appeal must be filed with the Court within 28 days of conviction. • Defendant must get leave to appeal from the trial judge or from the Court of Appeal. • The Criminal Appeal Act 1995 states that the Court of Appeal: • Shall allow an appeal against conviction if they think that the conviction is unsafe(this now includes breach of Article 6) • And shall dismiss such an appeal in any other case. • The Court of Appeal can: • - quash the conviction • - vary the conviction to a lesser charge • - decrease the sentence (not increase it) • - order a retrial in the Crown Court with a new jury.

  9. Appeals from the Crown Court To the Court of Appeal (Criminal Division) By the PROSECUTION • Attorney-General reference on a point of law • s36 Criminal Justice Act 1972 allows the Attorney-General to refer a point of law to the Court of Appeal for consideration where the defendant has been acquitted. The original acquittal will still stand. • Attorney-General against lenient sentence • s36 Criminal Justice Act 1988 the Attorney-General can refer a case to the Court of Appeal where there has been an unduly lenient sentence.

  10. Appeals from the Crown Court To the Queen’s Bench Divisional Court By the PROSECUTION Appeal against acquittal Where the jury had been ‘nobbled’. Criminal Procedure and Investigations Act 1996 allows a retrial to be ordered where the jury has been bribed or threatened by the defendant. There is a further provision under s44 Criminal Justice Act 2003 for a judge only trial where there is a risk of jury tampering or bribery.

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