Criminal Process
Appellate Functions
Objectives
• Explain the routes of appeal available from the Magistrates Court
• Explain the routes of appeal available from the Crown Court
• Understand key terminology relating to appeals, including case
stated, leapfrog appeal, leave to appeal
Appeals from the Magistrates Court
QUEEN’S BENCH
DIVISIONAL COURT
Case-stated appeal Case-stated appeal
CROWN COURT
Defence only:
•If plead guilty, only appeal against sentence.
•If plead not guilty, appeal against conviction
and/or sentence.
MAGISTRATES COURT
Appeals from the Magistrates Court
To the Crown Court
By the DEFENCE
Made by the defence only
Defendant has an automatic right of appeal against conviction or
sentence, where the defendant originally pleaded not guilty.
Against conviction: Crown Court judge rehears case with two
Magistrates. They can:
- come to the same decision
- reverse the decision
Against sentence: Crown Court judge can impose a harsher sentence,
but only to the maximum sentence available to Magistrates.
Appeal must be made within 21 days of the conclusion of the case.
Appeals from the Magistrates Court
To the Queen’s Bench Divisional Court
Can be made by the prosecution or defence
Can be made directly from the Magistrates Court or as an appeal from
the Crown Court
The basis for the appeal is a claim that the Magistrates made an error of
law or acted outside their jurisdiction
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 back to the Magistrates
for reconsideration.
Appeals from the Magistrates Court
To the Supreme Court
A further appeal can be made to the Supreme Court 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.
Case Study: C v DPP (1994)
Appeals from the Crown Court
SUPREME COURT
Prosecution –
On point of law of general public
importance
COURT OF APPEAL
QUEEN’S BENCH (Criminal Division)
DIVISIONAL COURT Defence
Defence against sentence or conviction –
Case-stated appeal Criminal Appeal Act 1995
This is the same as the Prosecution –
Magistrates Court. 1. Attorney - General reference on a
Prosecution point of law
Appeal against acquittal where 2. Attorney - General against lenient
jury has been ‘nobbled’
CROWN COURT sentence
Appeals from the Crown Court
To the Court of Appeal (Criminal Division)
By the DEFENCE
Can be against conviction or sentence
The defendant must state, verbally, or in writing, that they want to appeal
within 14 days of the conclusion of the trial
The full appeal must be filed with the Court within 28 days of conviction
Defendant must get leave to appeal from the trial judge or from the Court of
Appeal
The Criminal Appeal Act 1995 states that the Court of Appeal:
(a) Shall allow an appeal against conviction if they think that the conviction is unsafe (this
now includes breach of Article 6).
(b) And shall dismiss such an appeal in any other case.
The Court of Appeal can:
- quash the conviction
- vary the conviction to a lesser charge
- decrease the sentence (not increase it)
- order a retrial in the Crown Court with a new jury.
Appeals from the Crown Court
To the Court of Appeal (Criminal Division)
By the PROSECUTION
1. Attorney-General reference 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 .
Appeals from the Crown Court
To the Queen’s Bench Divisional Court
By the PROSECUTION
Appeal against acquittal
Where the jury had been ‘nobbled’
Criminal Procedure and Investigations Act 1996 allows a retrial to be
ordered where the jury has been bribed or threatened by the
defendant.
There is a further provision under s44 Criminal Justice Act 2003 for a
judge only trial where there is a risk of jury tampering or bribery.
