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Criminal Courts (Bail (Conditions can be set (Reside at a particular…

- - - - Normal route of appeal
      - Only available to D and he has an automatic right to appeal against the sentence or conviction and does not need leave
      - Case is completely reheard by a judge and 2 Mags where they can confirm, reverse or find guilty of a lesser offence
      - Where there is an appeal against a sentence, they can increase/decrease it but only to Mag's powers
      - If it is on a point of law, the Crown can decide on it or send it to the Administrative Court of the QBD
    - - Supreme Court Appeals
        
        Possible appeal by P or D to the SC on a point of law of public importance
        
        Must be given leave by QBD or SC
        
        C v DPP - Supreme Court overruled QBD decision on whether a child 10-14 is not presumed to know what is right or wrong
      - This is an appeal to the Administrative Court of the QBD by either the P or D from either the Crown or Mags
      - Route is used by a D against conviction or by the P on a point of law
      - Appeal is heard by a panel of 2/3 High Court Judges
      - They may confirm/vary/reverse or remit the case
- - - - Must get leave from CoA or certificate from trial judge
      - Idea that cases w/o merit are filtered out
      - Application considered by single judge
    - - Criminal Appeal Act 1995
      - Only if CoA believe a conviction to be unsafe
    - - Must be capable of belief and afford ground for appeal
      - Has to be considered if it would have been admissible at trial and why it surfaced now
    - - Can quash a unsafe conviction
      - Vary it to a lesser offence a jury would be able to convict of
      - In 1988 they were given the power to order a retrial
      - If it is against a sentence, they can decrease but not increase on a D's appeal
  - - - If a trial judge rules on a piece of law that ends the case, P can appeal
      - Criminal Justice Act 2003
      - Makes sure errors do not allow aquittals
    - - 1) Jury Tampering - has to be an actual conviction for the Criminal Procedure and Investigations Act 1996 to allow appeals and retrials
      - 2) New and compelling evidence of a person's guilt and it is in the public interest for a retrial
        
        Criminal Justice Act 2003
        
        Only available for 30 crimes such as murder, rape and manslaughter
        
        Known as double jeapordy
        
        DPP has to consent to reopening of investigations and once the evidence has been found, the prosecution may appeal
        
        Used in cases of new DNA - Stephen Lawrence
    - - Where a judge makes error in explaining law to Jury
      - s.36 of the CJA 1972 which allows the AG to refer it to the CoA
      - CoA Decision does not affect conviction but sets precedent
    - - S.36 of the Criminal Justice Act 1988
      - Victim or public can submit cases to AG who will refer it to CoA on basis of a lenient sentence
      - Mostly increased by 1 years but can be more for serious offences
- - - - Main point is whether D's should be allowed to choose where they should be tried which includes the right to be tried by a jury
      - Advantages of Crown Trial
        
        D's are more likely to be aquitted - 60% in Crown (35% by jury) - 15% in Mags
        
        This is usually done on the advice of their lawyers
        
        D's may choose to spend time in prison
        
        More likely to receive legal aid
        
        Lawyers must have certificate of advocacy so are more experienced
      - Disadvantages
        
        Usually have a longer wait and trial
        
        Higher stress levels
        
        More likely to be reported in the media
        
        Costs are much greater
        
        Greater sentencing
    - - D is first asked to input his plea, if he pleads guilty, he has no right to a jury trial
      - Magistrates may still decide send them to the Crown for sentencing
    - - If D pleads not guilty, the Mags must carry out a 'mode of trial' to decide where the case is tried
      - The Mags will consider if the case is appropriate for them and under s.19 of the Magistrates' Court Act 1980, they must consider the nature and seriousness of the of the case as weel as their own powers of punishment
      - Cases involving complex facts/law will go to the crown
      - Other factors may be where there is a breach of trust by the D or where there is organised crime
    - - If the Mags accept jurisdiction, D can ask for a jury trial
      - If he goes w/ Mags, they can still send him to the Crown for sentencing