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Appeals for the Magistrates and the Crown Court (Appeals to the Crown…
Appeals for the Magistrates and the Crown Court
Appeals to the Crown Court from the M's
only available to the defence
if the D pleaded guilty, he can only appeal against sentence
it is an automatic right so the D does not need leave
The case is completely reheard by a judge and 2 magistrates
can either confirm or reverse the decision
In some cases, it is not possible for them to vary the decision and find the D guilty of a lesser offence
when the appeal is against the sentence, the court can confirm, increase or decrease it
can only be increased to the M's maximum powers
if regarding a point of law, the CC can decide on it but there is a possibility of further appeal to administrative court
Appeals to Administrative Court from M's or CC
available to both prosecution and defence
only used by D against conviction and by P against an acquittal where they claim M's came to the wrong decision on a point of law
courts are asked to state the case by setting out their findings of fact and their decision
appeal is then argued on the basis of what the law is on those facts and no witnesses are called
usually heard by 2 high court judges from the QBD
only around 100 case stated appeals each year
can confirm, vary, reverse or remit the case back to the M's court
From the decision of the QBD there is possibility for further appeal to the supreme court
if the divisional court certifies that there is a point of law of general public importance involved or the divisional court or supreme court gives permission to appeal
From the Crown Court, the rights of appeal are for the D and the P
The D must get leave to appeal from the CoA or a certificate from the trial judge
The grounds for appeal are found in the Criminal Appeals Act 1995- can appeal if a) they think the conviction is unsafe and b) shall dismiss an appeal in any other case
CoA can quash the conviction or convert it to a lesser offence or dismiss the appeal. They can also order a re-trial in front of a new jury C v DPP 1994
Due to the CJA 2003, the P can appeal against the judge giving a ruling on the law which stops the case against the D
can appeal against an aquittal due to jury nobbling or when there is new and compelling evidence so it is in the public interest for a re-trial (Stephen Lawrence) (Billy Dunlop)
s.36 CJA 1927- judge made an error in explaining the law to the jury. Does not affect the acquittal but creates precedent
s.36 CJA 1988, AG can apply for leave if there has been an unduly lenient sentence. 120 cases each year and sentence is increased in 80%