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26 Cards in this Set
- Front
- Back
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Appeals to the Crown Court are only available to...
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The defence
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If the defendant pleaded guilty he can only appeal to the crown court about the...
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Sentence
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If a defendant pleaded not guilty and was found guilty then the appeal to the crown court can be against the...
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Conviction or the sentence
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Defendants have an automatic right to appeal to the...
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Crown Court
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What happens when an appeal is heard by the Crown Court?
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The trial is completely reheard
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After hearing an appeal, the judges at the Crown Court makes their decision which may be...
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The agree with the mags and confirm their conviction or they have the power to reverse the decision
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When an appeal is against a point of law, where does the appeal go?
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Queens Bench Division
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Prosecution and defence can both appeal about..
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a decision on a point of law
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Case stated appeal routes can only be used by defence about a ? and by prosecution about a ?
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defence - conviction
prosecution - acquittal |
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A further appeal can be made after it being heard at the QBD to the House of Lords IF:
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The divisional court certifies that a point of law of public importance is involved
the divisional court gives leave to appeal because the point is one that should be considered by the House of Lords |
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Which case followed the case stated appeal route?
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C V DPP
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After a defendant is found guilty at the crown, he can appeal against the conviction to the...
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Court fo Appeal
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If a defendant from the Crown Court wishes to appeal he must...
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tell the court verbally or tell them in writing withing 14 days of the conviction
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Rules on appeals are set out under
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Criminal Appeal Act
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in all cases defendats must get leave to appeal to where?
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Court of Appeal
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Under the Criminal Appeal Act, courts can allow an appeal if:
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they think the conviction is unsafe
In any other case the appeal is to be dismissed |
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After hearing an appeal the Court of Appeal have the power to:
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Quash the conviction
Vary the sentence given (only reduce, not increase) Order a re-trial infront of a new jury |
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Two limited situation in which the prosecution can appeal to the Court of Appeal against an acquittal:
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1. In the case of jury nobbling
2. New and compelling evidence that proves the acquitted person's guilt and it is of public interest the defendant is retired |
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What is double jeopardy?
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When a person is tried twice for the same offence after new evidence has been found.
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The power of double jeopardy is given by which Act?
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Criminal Justice Act
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First double jeopardy case
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BILLY DUNLOP
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The Attorney-General can appeal against an unduly lenient sentence under which Act?
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Criminal Jutice Act
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2 cases where the Court of Appeal have changed a sentence due to it being too lenient
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Luan Plakici making girls work as prostitutes
14 year old school boy set school on fire |
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Prosecution and defence can appeal from the Court of Appeal to the House of Lords IF:
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It involves a point of law of public importance and get keave to appeal from the Court of Appeal or House of Lords.
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Under Art 234 of the Treaty of Romethe court can make a reference to where and why?
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European Court of Justice if the case involves a point of european law
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What was set up to provide a better sytem for investigating miscarriages of justice?
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The Criminal Cases Review Commision by the Criminal Appeal Act
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