Criminal appeals and appellate courts

Reasons (grounds) for appeals

Correct errors of fact, law or procedure, by giving the appellant at least one opportunity to have his case reviewed.

Develop the law according to the doctrine of precedent and via the interpretation of statutes. This is important even where it is law which is normally only applied in the Magistrates’ Courts, as otherwise some of it may never be considered by anyone other than magistrates.

Ensure consistency in the way the courts of first instance apply the law and carry out sentencing.

Appeals against conviction and/or sentence

Appeal by the Defence

Heard in the Crown Court by a Judge and two Magistrates

Essentially a re-trial where the Court will review evidence again.

The Crown Court’s decision is final and there is no further route of appeal against conviction or sentence (although a further appeal “by way of case stated” is possible).

Appeal “by way of case-stated”

Appeal by either the Prosecution or the Defence

Heard in the Divisional Court (part of the King’s Bench Division of the High Court).

This is an appeal on a point of law. There is no need to hear from any witnesses.

Final appeal

From the Divisional Court to the Supreme Court but only on a Point of Law of public importance.

Appeals by the defence

Defendant may appeal against conviction, sentence or both to the Court of Appeal (Criminal Division).

Leave to appeal (permission) must be granted either by the trial judge or from the Court of Appeal itself.

Only ground for allowing an appeal against conviction is that the conviction is unsafe. The Court of Appeal may order a retrial or quash the conviction if it allows the D’s appeal.

When hearing an appeal, the Court of Appeal may admit new evidence in the interests of justice.

Appeals by the prosecution

There are only limited grounds for the prosecution to appeal against an acquittal by a jury.

If there is evidence of jury tampering, the Court of Appeal can order a re-trial.

The prosecution may apply to the Court of Appeal to overturn an acquittal and order a re-trial if there is new and compelling evidence of the acquitted person’s guilt and it is in the public interest for D to be re-tried.

Where the judge has made an error in explaining the law to the jury, the prosecution have the right to refer a point of law to the Court of Appeal.

Alternatively, the prosecution may ask the Attorney-General to challenge an unduly lenient sentence.

Appeals to the Supreme Court

Both the prosecution and the defence have the right to appeal from the Court of Appeal to the Supreme Court. The Court of Appeal must give permission by certifying that the appeal involves a point of law of public importance.

Very few cases are appealed to the Supreme Court.