Criminal Process: Appellate Functions

Question 1

What is a case stated appeal?

Answer 1

• a procedure by which a court or tribunal can ask another court for legal clarification (opinion on point of law)

Question 2

What’s a leapfrog appeal?

Answer 2

• When an appeal skips one or more court and appeals directly to the Supreme Court

Question 3

Appeals from the Magistrates’ Court to the Crown Court can be made by whom?

Answer 3

• The defence

Question 4

Does the defendant need permission to appeal from a Magistrates’ Court if they originally pleaded not guilty?

Answer 4

• No, there is an automatic right to appeal

Question 5

When the appeal is against conviction, the Crown Court judge rehears the whole case along with two magistrates, what can they do? (2)

Answer 5

• Come to the same decision

- Reverse the decision

Question 6

When the appeal is against sentence, what can the Crown Court judge do?

Answer 6

• Impose a harsher sentence, but only to the maximum sentence available to Magistrates

Question 7

When does the defendant need to lodge papers for an appeal from a Magistrates’ Court to a Crown Court?

Answer 7

• Within 21 days

Question 8

Who can make an appeal from the Magistrates’ to the Queen’s Bench Division?

Answer 8

• Prosecution or defence

Question 9

From where can an appeal to the Queen’s Bench Division be made? (2)

Answer 9

• Directly from the Magistrates’

- As an appeal from the Crown Court

Question 10

What is the basis for an appeal to the Queen’s Bench Division?

Answer 10

• a claim that the Magistrates’ made an error of law or acted outside their jurisdiction

Question 11

Who hears the appeal to the Queen’s Bench Division?

Answer 11

• 2-3 High Court Judges

Question 12

What can the Queen’s Bench Division do in terms of an appeal? (3)

Answer 12

• Reverse or vary the decision
• Make an alternative decision
• Give the Magistrates their opinion on a point of law

Question 13

What happens if the appeal to the Queen’s Bench Division is successful?

Answer 13

• The case will be sent back to the Magistrates’ for reconsideration

Question 14

When can a further appeal be made to the Supreme Court? (2)

Answer 14

• If there is a point of law of general public importance

- Leave to appeal is granted by the Queen’s Bench Division or the Supreme Court

Question 15

Appeals from the Crown Court to the Court of Appeal (by the defence) can be made against what?

Answer 15

• Conviction or sentence

Question 16

When must the wish to appeal (by the defence) from the Crown Court to the Court of Appeal be stated? What about the full appeal?

Answer 16

• Within 14 days of the conclusion of the trial

- The full appeal must be filed with the court within 28 days of conviction

Question 17

The Criminal Appeal Act 1995 states that the COA shall what?

Answer 17

• Allow an appeal against conviction if they think that the conviction is unsafe and shall dismiss such an appeal in any other case

Question 18

When there is an appeal from the Crown Court to the Court of Appeal by the defence, what can the Court of Appeal do? (4)

Answer 18

• Quash the conviction
• Vary the conviction to a lesser charge
• Decrease the sentence
• Order a retrial in the Crown Court with a new jury

Question 19

What Act allows a retrial to be ordered where the jury has been bribed or threatened by the defendant?

Answer 19

• The Criminal Procedure and Investigations Act 1996

Question 20

Under what Act is there a provision for a judge only trial where there is a risk of jury tampering or bribery?

Answer 20

• s44 Criminal Justice Act 2003

Question 21

When can an appeal from the Crown Court to the Court of Appeal be made against acquittal by the prosecution?

Answer 21

• Where the jury has been ‘nobbled’