Please enable JavaScript.
Coggle requires JavaScript to display documents.
Criminal Appeals - Coggle Diagram
Criminal Appeals
CoA Criminal Decision
-
-
-
-
The conviction must be unsafe - criminal appeals act 1995 - misdirection of the jury/wrong in the law/new evidence)
Acquittal
- Prosecution can appeal against a NG verdict - jury nobbling
- New and compelling evidence of guilt and it is in the public interest that the D be retried - CJA 2003
This can only be used in murder, manslaughter, rape and terrorism cases aka double jeopardy - Stephen Lawrence case/Billy Dunlop
-
-
-
-
-
-
-
-
-
s.36 CJA 1988 - AG can appeal on a sentence - 120 cases go through this a year and on average they are increased by 80%
-
-
-
Crown Court
-
-
-
It would be reheard with 1 judge and 2 magistrates as it is assumed that if one group of magistrates would make the mistake then the rest could do the same
-
Supreme Court
-
Must have permission, point of law and public interest
-
-