Appeals and Appellate Courts

 Appeals & Appellate Court

Welcome back! This blog is going to based around the appeals system for criminal offences!


Three types of appeal:
Appeal against conviction, sentence and on a point of law
  • Conviction - where the evidence is in question or new evidence has arisen
  • Sentence - where it is thought that the sentence is too strict or to lenient
  • Point of Law (case stated appeal) - where it is thought that the law has been interpreted/explained wrongly
Appeals from the Magistrates' Court
Appeal about sentence or against conviction (only available to the defence) > Goes to the Crown Court
  • Against conviction (but only if the D pleaded not guilty): A Crown Court judge will rehear the case with two Magistrates. They can: come to the same decision OR reverse the decision.
  • Against sentence: A Crown Court judge can impose a more lenient or harsher sentence, but only to the maximum sentence available to the Magistrates.
Appeal on a point of Law (case stated and can be used by prosecution or defence) > Goes to the High Court (Queen's Bench Divisional Court)
The basis for the appeal is a claim that the Magistrates made an error of law. The appeal is heard by a panel of 2-3 High Court judges from the Queen's Bench Division.
The Queen's Bench Divisional Court can:
  • reverse or vary the decision
  • make an alternative decision
  • give the Magistrates their opinion on the area of law involved (if the appeal is successful, the case will be sent beck to the Magistrates for reconsideration)
A further appeal can be made to the Supreme Court, but only if there is a point of law of general public importance. 

Appeals from the Crown Court
All appeals from the Crown Court go the Court of Appeal
By the defence:
  • Can be against conviction or sentence
  • Defendant must get leave to appeal from the trial judge or from the Court of Appeal. The Court of Appeal can: quash the conviction, vary the conviction to a lesser charge, change the sentence or order a retrial in the Crown Court with a new jury
By the prosecution
  1. On a point of law - s36 Criminal Justice Act 1972 allows the Attorney-General to refer a point of law to the Court of Appeal for consideration where the defendant has been acquitted. The original acquittal will still stand.
  2. Attorney-General against lenient sentence - s36 Criminal Justice Act 1988 the Attorney-General can refer a case to the Court of Appeal where there has been an unduly lenient sentence.
A further appeal can be made to the Supreme Court if there is a point of law of general public importance.

I hope you found this blog interesting and easy to understand!
Until next time...
Lawology



Comments

Post a Comment