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