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Introduction
The defendant has had their case heard at the Crown Court or the Magistrates’ Court depending on the type of offence they have committed.
Any decisions made can be contested by way of an appeal to a higher court.
Appeals can be made by both the defence and prosecution.
How are appeals made from the Magistrates’ Court by the defence ?
Defence
If the defendant has their trial at the Magistrates’ Court an appeal commitment to the Crown Court regarding the facts or the sentence.
The case will be re-heard by circuit judge and two magistrates who can uphold the conviction, quash the conviction of vary the sentence.
If the Crown Court wishes to increase the sentence, they must not exceed the jurisdiction of the Magistrates’ Court.
If during the Crown Court appeal a point of law becomes evident in the case it will then be sent to the King’s Bench Division of the High Court for consideration.
How are appeals made from the Magistrates’ Court by the prosecution?
Both the defence and prosecution can appeal on a point of law by way of case stated.
This appeal is from the Magistrates’ Court to the King’s Bench Division of the High Court
The High Court judge will retry the case and can send the case back to the Magistrates’ Court (remit), confirm the decision of the Magistrates’ Court, reverse the decision and acquit the defendant or change the charge to a different offence.
A final appeal can be made from the King’s Bench Division of the High Court to the Supreme Court if the case involves a point of law of general public importance.
Such an appeal requires to leave granted by either the High Court or the Supreme Court itself.
How are appeals made from the Crown Court by the defence ?
Defence
If the defendant has their trial at the Crown Court appeal can be made under the Criminal Appeals Act 1995 if there has been an unsafe conviction.
This appeal goes to the Court of Appeal who has the power to vary the sentence, order a retrial, quash the conviction or vary the offence.
An appeal on the facts will require substantial new evidence and leave to the appeal.
The Criminal Case Review Commission may ask the Court of Appeal to grant an appeal if they believe that a miscarriage of justice has occurred.
Appeals could also be made regarding the law (in that the judge has misdirected the jury) or that the sentence was too harsh.
How are appeals made from the Crown Court by the prosecution ?
The Attorney General can appeal to the Court of Appeal against a lenient sentence under the Criminal Justice Act 1988 in order to get the sentence increased.
The Attorney-General can also make an Attorney-General’s Reference to the Court of Appeal under the Criminal Justice Act 1972.
This is where the defendant has been acquitted by a jury and the Attorney-General believes the law needs to be changed for future cases.
An appeal by the prosecution can be made to quash an acquittal under the Criminal Justice Act 2003.
This can only be made to the court of appeal when there is compelling new evidence.
The prosecution could also appeal under the Criminal Procedures and Investigations Act 1996 to the High Court.
This is where the prosecution asked the High Court to quash acquittal because of in interference with the witness or the jury.
A final appeal can then be made by the defence and prosecution to the Supreme Court if the case involves a point of law of general public importance.
Such an appeal requires leave granted by either the court of appeal or the Supreme Court itself.
