Who can appeal from the mags to the crown court?
Defendant only
On what basis can the defendant appeal from the mags to the Crown Court?
If D pleaded guilty, can appeal against sentence received (for being excessive)
If D pleaded not guilty, can appeal against resulting conviction & / or sentence (on basis of errors of fact or law)
What is the procedure for appealing from the mags to the Crown Court?
- Defendant must file notice of appeal with mags & CPS within 15 business days of sentence
- Clerk of Mags sends notice of appeal to relevant CC
- Crown Court (usually recorder or circuit judge) hear:
- Appeal against sentence: a de novo full hearing on the sentencing issues
- Appeal againt conviction: a de novo full rehearing of the case (can call new witnesses, rely on new points of law)
What are the powers of the Crown Court re an appeal from the mags?
Can confirm, reverse or vary decision & impose any sentence which mags’ had power to impose
Who can appeal against a mags’ decision to the High Court & on what grounds?
The prosecution or defence can appeal by way of case stated on grounds of:
(a) Error of law by mags; or
(b) Mags acted outside their jurisdiction
What are the grounds for an appeal by way of case stated?
(a) Error of law by mags; or
(b) Mags acted outside their jurisdiction
What is the procedure for appealing from the mags to High Court by way of case stated?
Must apply to mags within 21 days
- Mags must then state a case for opinion of High Court (which is reviewed & amended by CPS + defence)
- Party making appeal lodges final version at High Court
Who hears an appeal from the mags by way of case stated & is it a full rehearing?
Heard by the Divisional Court of the KBD, usually by 3 judges
Only hear legal arguments based on the facts set out in the case stated
What are the powers of the Divisional Court re an appeal by way of case stated?
Can reverse, vary, affirm decision of mags’
May remit case back to mags’ with direction to acquit/convict or to diff bench if case should be rehead
Can a decision of the Divisional Court in an appeal by way of case stated be appealed?
Yes - both CPS & defence can appeal to the Supreme Court on a point of law only
- HC must certify point of law is of general public importance
- Either HC or SC must grant leave to appeal
What are the 2 possible appeals from the Crown Court to the Court of Appeal (crim div) by the defendant?
Against:
I. Conviction
II. Sentence
What are the grounds for a defendant appealing against conviction from CC to CA?
That the conviction is unsafe → circs include:
- Misdirection by trial judge on point of law
- Trial judge wrongfully admitted or excluded evidence
- Trial judge made error in summing up to jury
- Trial judge made inappropriate interventions
What is the procedure for defendant appealing against conviction from CC to CA?
Serve notice to appeal with draft grounds on CA within 28 days of conviction
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Filtering stage: Single judge will determine whether permission ought to be granted (if granted, D gets public funding)
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Hearing
What arguments will the Court of Appeal hear in an appeal against conviction from the Crown Court by the defendant?
Oral args from parties & also new evidence if it:
- Appears to be credible
- Would have been admissible at defendant’s trial
- There is reasonable explanation for failure to adduce evidence at D’s trial
What are the powers of the court of appeal in an appeal against conviction by a defendant?
Can quash conviction & acquit/order retrial; dismiss appeal; find D guilty of alternative offence
May impose any sentence available to CC
What are the possible grounds for a defendant appealing against sentence to Court of Appeal (from CC)?
The sentence passed by the trial judge is wrong in law, manifestly excessive, or wrong in principle
What is the time limit for the defendant to serve notice of appeal against sentence to Court of Appeal?
Within 28 days of sentencing
(v. appeal against conviction, which is 28 days of conviction)
Will the Court of Appeal hear new evidence in an appeal against sentence?
No - just legal submissions on what appropriate sentence is
What are the powers of the court of appeal in an appeal against sentence by a defendant?
Can confirm, quash or replace sentence - but cannot increase it from what was imposed by the Crown Court
What are the 3 possible appeals from the Crown Court to the Court of Appeal by the prosecution?
- Against termination & evidential rulings
- If the AG considers that the Crown Court has passed a sentence which is unduly lenient
- Retrial of a qualifying offence
What are the conditions for the prosecution to appeal from CC to CA where AG considers sentence is unduly lenient?
- Offence must be indictable only or specified either way &
- Court of Appeal must have given permission
When will the Court of Appeal quash an earlier decision & order a retrial in an appeal from the Crown Court by the prosecution?
(Can only be for qualifying offence - murder, manslaughter, aggravated arson)
CPS must satisfy:
- Evidential test (must be new & compelling evidence)
- Interests of justice test
