Appeals

Magistrates court

contained in the Magistrates court act 1980- amended by Criminal Appeal Act 1995

must be within 21 days

two routes

Crown court

High courts queen bench division

not able to do to both of the courts

Can be either through prosecution or defence

Appeal against sentence or conviction

Heard by a Judge and two magistrates

Theyre too rehear the case- new evidence can be considered, witnesses can be called up.

They can confirm, reverse or vary the original decision- sentences can be increased, lowered or upheld.

Can have further appeal but they need leave to appeal

Based on points of the law

Can uphold, vary, remit the case to the MC

Isle of Wight Council v Platt- P appealed on points of law

Appeals to the SC

from HC possible to appeal to the SC on a point of law

leave to appeal is needed

Isle of Wight council v Platt

CCRC

All routes of appeal is exhausted possible for the D to pettition to the CCRC

Can relate to conviction or sentences

Has power to refer cases back to the CC for rehearing

Uses a real possibility test under s13 criminal Appeals act 1995

Must be new evidence or a legal argument that cases doubt on the decision at the original trial

Crown Court

Contained in the Criminal Appeals Act 1995

Support the principle of the right to a fair trial Article 6 ECHR

Leave to appeal is needed to go to the CoA and the SC

Can be against sentence, conviction or points of law

Court of Appeal

can increase or decrease a sentence or confirm it

Only ground which a convction can be set aside is if it is seen to be unsafe

Prosecution

Against an over lenient sentence

Cannot appeal against an acquittal unless there is evidence of interference with witnesses or jurors

Supreme court

Points of law on public importance

Only hears about 60-70 a year

Billy Dunlop case

Stuart Hall