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

Key terminology:

• Case stated appeal - a procedure by which a court or tribunal can ask another court for its opinion on a point of law of general public importance (legal clarification)
• Leapfrog appeal - when an appeal skips one or more court and appeals directly to the Supreme Court (skipping the Court of Appeal) - e.g R(Millar) v The Government (The Prime Minister) - what does prorogation mean?
• Leave to appeal - the permission to appeal against a decision

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 the whole 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

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 Division 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

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:

To the Court of Appeal (Criminal Division) by the DEFENCE:

• Can be against convictions 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
• The defendant must get the leave to appeal from the trial judge or from the Court of Appeal
• The Criminal Appeal Act 1995 states that the Court of Appeal:
• Shall allow an appeal against conviction if they think that the conviction is unsafe 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

To the Court of Appeal (Criminal Division) by the PROSECUTION

• Can appeal against acquittal where the jury has been 'nobbled':
• The 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

Quiz:

• What is a case stated appeal?
• a procedure by which a court or tribunal can ask another court for its opinion on a point of law of general public importance (legal clarification)
• From which court and to which court can one make a case stated appeal?
• Magistrates' to the Queen's Bench Divisional Court
  
• Does the defendant need permission to appeal from a Magistrates' Court if they originally pleaded not guilty?
• No, there is an automatic right to appeal
• What can the defendant appeal against if they are found guilty at trial in the Magistrates' Court?
• Conviction and sentence
• When does the defendant need to lodge papers for this appeal?
• 21 days
• How many judges hear an appeal at Crown Court from a Magistrates' Court?
• Three judges
• Who are they?
• 2 Magistrates and a Crown Court Judge
• Who can make an appeal from the Magistrates' Court to the Queen's Bench Divisional Court?
• Prosecution and Defence