Appeals on CC

Slip rule (Crown Court)

not an appeal; CC may vary or rescind sentence within 56 days

Slip rule judge

same judge who passed sentence must make variation

Slip rule scope

correct technical errors and amend length/type of sentence

Appeal routes (Crown Court)

appeal conviction/sentence (D), AG reference, CCRC referral, terminatory rulings (P), preliminary rulings (either), Supreme Court (rare)

Appeal against conviction/sentence (CC)

only defendant may appeal

Types of appeal (CC)

conviction on indictment, sentence after conviction, sentence on committal

Certificate of fitness

if granted → no leave required; if not → leave required

Notice of appeal (CA)

must be filed within 28 days of conviction/sentence

Service of notice

on Registrar of Criminal Division

Late notice

requires extension with reasons

Grounds perfection

counsel may perfect within 14 days of transcript

Registrar role

may send to single judge or refer to full Court of Appeal

Single judge role

considers leave on paper

Direct referral to full CA

unlawful sentence, novel point of law, urgency

Refusal of leave

may renew application within 10 business days

Panel size

sentence appeal → 2 judges; conviction appeal → 3 judges

Sentence appeal grounds

wrong in law/principle, manifestly excessive, irrelevant factors, disparity

Conviction appeal grounds

unsafe conviction, misdirection, evidential errors, jury issues, fresh evidence

Test (sentence appeal)

court thinks sentence should have been different

Test (conviction appeal)

court thinks conviction is unsafe

CA powers (sentence)

quash, vary, substitute sentence (within lower court powers)

CA powers (conviction)

quash conviction, order retrial, substitute verdict

Loss of time order

time in custody pending appeal may not count toward sentence

When loss of time used

appeal wholly without merit

Appeal preparation

criminal appeal office prepares summary

Skeleton arguments

required where notice insufficient or complex issues

Appellant skeleton deadline

21 days before hearing

Respondent skeleton deadline

14 days before hearing

Hearing after guilty plea

prosecution opens facts only