Appeals

Appeal in a criminal case is a challenge to the decisions of a lower court.

It could concern the conviction (e.g. an issue of evidence or procedure, or a point of law);

or sentence.

Criminal Appeals Act 1995

Appeals from the Magistrates Court

The D has an automatic right to appeal from the decision of a Magistrates Court.

No leave to appeal is required.

Appeals on points of law by defense of prosecution goes to the Queens Bench Division High Court.

All other appeals (whether against sentences or conviction) goes to the Crown Court, where it is heard by a judge and 2 magistrates.

Further appeals to Court of Appeal (Criminal Division) require leave to appeal from lower or higher courts. It is heard by a panel of 3 judges.

Appeals to the Supreme Court can only be made on a point of law of general public importance (leave to appeal for the Supreme Court is needed), and it is heard by a panel of 5 judges.

The Crown Court can;

They can uphold, reverse or vary the conviction.

Confirm, decrease or increase the sentence (up to max available in Magistrates Court).

CCRC

Where somebody has exhausted all their rights to appeals, the may refer to the CCRC.

The CCRC can refer their case for appeal to the Court of Appeal, if there has been a Miscarriage of Justice.

The High Court (QBD) can;

Confirm, vary, reverse or remit (send back to the Magistrates Court for the case to be reheard).