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Criminal Appeals (Appealing from the Mags Court (MAGS TO CROWN (over the…
Criminal Appeals
Appealing from the Mags Court
depends on whether the appeal is on a point of law, or for other reasons
2 routes are to either the Crown Court or the Queens Bench Division
MAGS TO CROWN
normal route of appeal
only available to the defence
if D pleaded guilty at the Mags, can ONLY appeal against his sentence
if D pleaded not guilty at Mags and was convicted, then the appeal can be against the conviction, sentence, or both
D has an automatic right to appeal in both circumstances
at the crown, cases will be reheard by a judge and x2 Mags
they can come to the same decision as precious, or they can reverse, or find D guilty of a lesser offence
where the appeal is against sentence only, the Crown can increase, decrease or confirm (can only increase to the Mags' max.)
if a POL becomes apparent, then a further appeal can be made to the QBD if the Crown cannot deal with the issue
over the last few years, there have been around 140k appeals to the Crown Court yearly
50% against sentence and 50% against verdict
roughly 2/5 are successful
APPEALS FROM MAG/CROWN TO QBD
case-stated appeal
questions POL
defence (against conviction) and prosecution (against acquittal) can use this route
can go directly from Mags or Crown
whichever court is appealing must state the case, setting out the findings based on fact and their decision
appeal is then argued on the basis of the law on THOSE FACTS ALONE
no witnesses will be called
heard by a panel of 2/3 HC judges from the QBD
in certain cases a judge from the CA may be present too
APPEAL FROM MAG TO CROWN - CASE STATED APPEAL
CANNOT be used to challenge the sentence
appeal is made because the opinion that the Mags came to was wrong, made mistake about law
the QBD may keep the result the same, reverse or change. They can remit the case to the Mags to implement the POL decision and resentence
no retrial, simply a paperwork process
APPEALING FROM MAGS TO SUPREME COURT
further appeal to SC from the QBD
only a possibility if:
the Divisional Court certifies that a POL of general public importance is involved
the Divisional Court/Supreme Court give permission to appeal because the point is one which ought to be considered by the SC
Appeals from the Crown Court
DEFENDANT
can appeal against conviction and/or sentence to the CA (Crim. Division)
at the end of a trial, if D has been found guilty, their lawyer should advise them of the possibility of an appeal (either verbally at court or written within 14 days)
must then be filed at the CA within 28 days of conviction if decide to appeal
:black_flag: Criminal Appeal Act 1995: sets out the rules on appeal
D must get 'leave to appeal from the CA' in order to remove the cases that have no appellate merit. CA judge decides whether an appeal is allowed or not
allow an appeal if they think the conviction is unsafe
what can the CA do?
allow the appeal and quash convition
vary the conviction - to that of a lesser offence that they believe the jury should have convicted
can decrease (NOT INCREASE) sentence
can dismiss appeal completely
can order a re-trial in front of a new jury
only happens around 50-60 times a year
PROSECUTION
originally, pros had no rights of appeal
Against judge's ruling
if the judge gives a ruling on a POL stopping the case against D, the pros can appeal (:black_flag: CJA 2003) to make sure an error does not lead to an acquittal
Against aquittal
only 2 situations where pros can appeal against jury acquittal
1) where the acquittal was a result of jury nobbling
never been used
2) new and compelling evidence of the acquitted persons guilt and in public interest for a retrial
only available for 30 serious offences (ex. murder, manslaughter, rape, terrorism)
DPP has to consent to the reopening of the case, then an application to the CA is made
has been used where new DNA testing is available
Referring to a POL
the pros. have a special right in cases where D is acquitted
under :black_flag: s.3 CJA 1972, allows the Attorney-General to refer a POL to the CA to get a ruling on that POL
does not affect the result for D, but does change the law for future cases
Against sentence
:black_flag: s.36 CJA 1988: A-G can apply for leave to refer an unduly lenient sentence to the CA, for re-sentencing
initially only for indictable offences, but now extended to triable-either-way provided it was tried in the Crown Court
ex. in 2011, 118 cases referred were heard by the CA and 98 of these were increased
rape charged changed from 3.5 years to 11
Appeals to the Supreme Court
both the prosecution and defence can appeal to SC
must involve a POL of general public importance
must have permission from the CA or SC
generally only between 10-20 criminal cases yearly are heard by SC
DIAGRAM IN FOLDER