Criminal Law and Practice - Appeals - Appeals: Crown Court decisions II

what are references by the Attorney-General on point of law following acquittal?

- AG may ask for the opinion of the CoA on a point of law where the D was acquitted following trial on indictment

- this does not affect the acquittal; stands whatever the CoA decision

- the power is intended to clarify the law, h/e the D is entitled to be represented at the hearing

- CoA can refer to SC if it sees fit or where either party requests this

what happens when the AG considers sentence 'unduly lenient'?

- AG may refer case to CoA

- AG can only refer cases for offences which are triable on indictment or specified in CJA 1998

- AG to consider whether leave should be sought for a reference and the time limit to do so is 28 days

- if leave is granted, the CoA will proceed according to the facts before the sentencing judge

- a sentence can be increased under the reference procedure if it is considered 'unduly lenient' but some discount will be given for 'double jeopardy' which means compensating a D for having to wait before knowing if there sentence will be increased

what is the Criminal Case Review Commission (CCRC)?

- an independent body created by the CAA 1995; it has the power to refer, at any time, any conviction on indictment or sentence to the CoA or CC if the conviction/ sentence is a summary one

- CCRC asks itself is whether there is a real possibility that the CoA will quash the original conviction or sentence

- if CCRC chose to make such a reference it is usually only in respect of an argument or info not available in the court of first instance or on appeal, except where exceptional circumstances exist

can the prosecution make appeals on terminatory rulings?

- prosecution appeals against any terminatory ruling made in the course of CC trial on indictment ie those rulings that would otherwise bring the case to an end

- the provision does not apply to rulings to discharge the jury; the appeal is to CoA

what are the 3 requirements for the prosecution to make appeals against terminatory rulings?

1) ruling must be made before summing up

2) an acquittal agreement must be given by the prosecution; this means that the prosecution must give an assurance to the court and the D that if leave to appeal is refused and the appeal abandoned before it is decided by the CoA, the D will be acquitted on that count(s)

3) the ruling must not be appealable to the CoA by other means

what is the procedure for prosecution appeals against terminatory rulings?

a) prosecution counsel should notify the judge they wish to appeal immediately; or

b) ask for a short adjournment if they want to speak to the CPS lawyer;

c) any adjournment will usually be until the next business day, when notification must be given

d) thereafter, counsel should serve written notice of appeal on the court, Registrar and D

e) the prosecution has 5 business days to serve written notice in expedited cases or next business day for expedited cases; expedited cases will be dealt w// by the CoA in a matter of days w//o need for jury to be discharged

what is the procedure for prosecution appeals against terminatory rulings when the prosecutor applies orally to the trial judge for leave to appeal?

- trial judge will hear representations from the defence on the same day as the application unless it is in the interest of justice to allow further time for them to respond

- the trial judge will decide if there is a real prospect of success on appeal

- the prosecution has a 2nd chance if their application to the trial judge fails in that they can still lodge notice of appeal and proceed to the CoA

what happens for appeals against rulings in preparatory hearings?

- a preparatory hearing is a form of case management hearing held in long, complex or fraud cases

- there is a power for both prosecution and defence to appeal rulings made at these hearings to the CoA

what happens on appeals to the SC?

- SC (formerly the HoL) is the highest court of the UK, s.33 and 34 of the Criminal Appeal Act 1968 allow either the prosecution or defence to appeal a decision of the CoA to the SC but this is not an appeal as of right

- CoA or SC would need to certify that the case involved a point of law of general public importance

- 43 CPR governs the procedure, an application to the CoA for leave to appeal to the SC must be made no more than 28 days after the court gives reasons for its decision (and no more than 14 days after the court's reasons in an AG reference case)