Appeals from Criminal Courts
- Created by: lozjellicoesmith@hotmail.co.uk
- Created on: 04-04-18 00:50
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- Appeals from Criminal Courts
- Magistrates' Court
- From
- Made either to: Crown Court or High Court: QBD (courts of first instance)
- From
- Crown Court
- this is an appeal court and a first instance court
- From
- D can appeal to Court of Appeal on conviction or sentence.
- Since CJA 2003, prosecution has a limited right to appeal against an acquittal
- D can be retried by new jury if 'new and compelling evidence' is presented or if jury is nobbled
- e.g. Stephen Lawrence murderers
- D can be retried by new jury if 'new and compelling evidence' is presented or if jury is nobbled
- Since CJA 2003, prosecution has a limited right to appeal against an acquittal
- D can appeal to Court of Appeal on conviction or sentence.
- High Court: Queen's Bench Division
- To
- Appeals made only on points of law
- D can only appeal if law is misinterpreted or there's a mistake.
- both prosecution and defence can use this route
- difficult to appeal here
- Appeals made only on points of law
- From
- Can leapfrog appeal to Supreme Court if point of law is of general public importance
- rare - require permission from court to do so
- e.g. C v DPP
- rare - require permission from court to do so
- Can leapfrog appeal to Supreme Court if point of law is of general public importance
- To
- Supreme Court
- To
- defendant and prosecution can appeal here
- only on a point of law of general public importance!!
- rare
- leapfrog appeals in civil courts are rare but rarer in criminal courts!
- rare
- only on a point of law of general public importance!!
- defendant and prosecution can appeal here
- To
- MADE BY DEFENDANT ONLY
- Magistrates' Court
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