Other Routes of Appeal

AG reference (point of law)

after acquittal; clarifies law; does not affect acquittal

AG reference (unduly lenient sentence)

AG may refer indictable sentence to CA if too lenient

Time limit AG reference

28 days from sentence

Effect of AG sentence reference

sentence may be increased (with some discount for double jeopardy)

CCRC referral

may refer conviction/sentence to CA (or CC for summary cases)

Test for CCRC

real possibility CA will quash conviction/sentence

Appeal by prosecution (terminatory rulings)

P may appeal rulings that would end the case

Examples terminatory rulings

stay for abuse, no case to answer, exclusion leaving no evidence

Exclusion (terminatory rulings)

cannot appeal ruling to discharge jury

Requirement (terminatory ruling appeal)

must be made before summing up

Acquittal agreement

P must agree D will be acquitted if appeal fails

Reason for acquittal agreement

if ruling stands, D would likely have been acquitted

Restriction on appeal

must not be appealable by other means

Procedure (terminatory ruling)

P informs judge immediately or asks for short adjournment

Notice of appeal (terminatory)

served on CC, Registrar of CA, and D

Time limit (terminatory appeal)

5 business days (non-expedited) or next business day (expedited)

Oral application (terminatory)

P may apply to trial judge for leave same day

Test for leave (terminatory)

real prospect of success

Failure of oral application

P may still file notice of appeal

Appeal on preparatory rulings

either party may appeal

Appeal to Supreme Court

not as of right; requires certification of point of law of general public importance

Certification requirement

CA or SC must certify case

Time limit (SC appeal)

28 days from CA reasons

Time limit (SC appeal AG case)

14 days from CA reasons