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Appeals from the Crown Court - Coggle Diagram

- - - - Statutory Basis of Appeal based against Conviction
        
        Offender convicted on indictment can appeal to COA only if
        with the leave of COA
        within 28 days of the date of conviction, the judge of the court of trial grants a certificate stating this case is fit for appeal
        
        Unless they do so, leave for appela is required
        
        Certificate for leave - only in very exceptional circumstances
        
        Cert does not commence the appeal
        
        Advocates still needs to follow the procedure under CrimPR Part 39
      - Appeal against Conviction with Leave
        
        Written grounds for appeal MUST be submited within 28 days of the conviction
        
        Initial decision either to grant or refuse leave is normally decided by a single judge
        
        Sometimes, the decision is up to 2 judge/full court at the discretion of the Registrar of Criminal Appeal
        
        Reason for holding hearing
        need for expedition
        unlawful sentence has been passed & sentence will inevitably need adjusting
        
        If leave is refused by a single judge, applicant can renew application before 2 judge or full court
      - Appeal against Conviction Following a Guilty Plea
        
        The fact that plea of guilty was entered does not preclude an appeal against the resultant conviction
        
        If conviction was found unsafe despite the guilty plea, it will be quashed
        
        BUT the fact that the appellent was fit to plead, had received expert advice, had been aware of what he/she was doing and had intended to plead guilty would be highly relevant to consideration of the safety of the conviction
        
        COA identified 3 categories in which it has jurisdictions to consider appeals against conviction following unequivocal pleas of guilty
        
        Where guilty plea was vitiated by erroneous legal advice
        
        Abuse of process cases
        
        Where it was established that the D had not committed the offence - unsafe only if it is established that the appellant had not committed the offence, not that he or she MAY not have committed the offence
        
        Test - must be demonstrated that the D is not culpable
        
        Not closed categories
        
        Unequivocal plea of guilty is challenged when
        
        Incorrect ruling on the point of law by the trial judge which allows the appellant no escape from a guilty verdict
        
        BUT if an appellant is influenced to enter a plea go guilty because of a decision to admit evidence which meant that the prospects of acquittal was hopeless = conviction not normally held to be unsafe
        
        Highly unlikely that an appeal would be entertained if the D pleaded guilty following a decisio to admit the evidence of bad character
        
        Abuse of proceedings
        
        AFU [2023]
        
        COA quashed a conviction for conspiracy to produce drugs even when D pleaded guilty & had adequate legal advice & guilty plea is not vitiated
        
        CPS guidance of prosecuting suspects who were victims of trafficking was not followed
        CPS would have discovered D was trafficked & forced to work under compulsion
        
        Admission of fresh evidence on appeal under Criminal Appeal Act 1968
        
        Guilty plea flowed from inappropriate legal advice
        
        Sadighpour [2012] - court considered the effect of inappropriate legal advice
        
        D had pleaded guilty to possessing a false identity document contrary to the Identity Document Act 2010 without being told of the possible defence under Immigration and Asylum Act 1999
        
        Court in Boal [1992] observed that guilty plea can be set aside on appeal if the COA regards the circumstances to be unsafe
        
        but this is exceptional course
        only when the COA decides that the overlooked defence would quite probably have succeeded and therefore injustice has been done
        
        Bani [2021]
        Appeal against guilty lea was allowed following an erroneous approach to the law made by P and D which deprived the appellant of the defence in law
        
        Court must ask itself whether the defence would succeed or whether it put the question in terms of there being a reasonable prospect of a S.31 defence succeeding, it was quite satisfied that the appellant would not satisfy either test
- - - - If conviction is the subject of appeal, then time runs from the date of concviction, not sentence
        
        Crim PR 39.2(1) - applicant must serve Form NG, signed grounds of appeal, accompanying form directly on the Registrar of Criminal Appeals
        -Appeal documents should not be uploaded to the Digital Case System
        
        Crim PD 10.2 - governs position of notice of appeal to the prosecuting authority and the giving of notice by the prosecuting authority should it wish to be heard
        
        When case is on the Digital Case System, Crim PR36.8(1)(a) - CC officer has to ensure that all digitally stored material is available to the Registrar & provide the registrar w any document, object or information that the Registrar asks, within the period the Registrar requires
        
        Crim Pr 39.3 - sets our requires contents of notice of appeal
        
        Include or attach electronic lnk to eacg such document that has been made avalable to the registrar under r.36.8(1)(a)
        
        Electronic cioy of any authority identified by the grounds of appeal
        
        if more than 2 authorities electronic copeies of each should be priided tgeter in a single electronic document
        
        Same for respindents notice
        
        Immediately after the conclusion of the case, legal representatives should see the defendant and advocates should orally express their final view as to the prospects of appeal against conviction and/or sentence
        
        If there are reasonable grounds of appeal, they should be drafted, signed, and sent to the instructing solicotor asap
        
        Solicotir should immediately send a copy to the accused
- - - - For conviction/confiscation appeals, Registrar will almost certainly invite the advocate to perfect the grounds of appeal
        
        Generally, the adv will not be asked to perfect the grounds of appeal
        
        But if the adv indicates a wish to perfect grounds of appeal in a sentence, the Registrar will consider the request and only invite perfection if it considers to be necessary for the assistance of a single judge or full court
        
        Advocate has 14 days to perfect it
        
        If advocate doesnt replu, notice & grounds of appeal wi be placed before single judge or full court without notice
        
        IF after reading, adv finds there is no longer an arguable appeal, the solicitors should be informed of that in an approproate advice
        
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