Appeals Process in Criminal Law
Determining Appeals Outcome of Appeals:
CoA must allow an appeal if the conviction is unsafe; will dismiss all other circumstances.
If there is an error in law or procedural irregularity, the CoA will dismiss the appeal only if satisfied there was no miscarriage of justice.
Consequences of Quashing Conviction:
Factors that determine ordering a retrial:
Time elapsed since original conviction.
Effect of any new evidence.
Publicity of the alleged offenses.
Partial Success in Appeals:
Substituting a verdict of conviction for a different offense is possible when:
Jury could have found the defendant guilty of that offense.
Jury was assured of the facts needed for the substituted offense.
Power of the Crown Court (CC):
Can vary or rescind a sentence within 56 days from imposition.
Only the judge who passed the original sentence can exercise this power.
This allows correction of sentencing errors, either by varying or substituting the form of the sentence.
This power is available if an appeal has not yet been determined.
Right to Appeal:
Leave from the CoA required for appealing conviction, unless CC judge certifies for appeal (rare).
Notice of application for leave must be lodged with the registrar within 28 days from the date of conviction.
Application to extend time can be made with good reason (waiting for sentencing rarely counts as good reason).
Hearing of the Appeal:
Appeals are typically heard by three judges; serious cases may involve five or seven judges (always odd).
Appeal against sentence may be heard by two judges and usually comprises legal argument based on papers.
Appealing Conviction Following Guilty Plea:
Possible if:
Defendant did not appreciate the nature of the charge or did not intend to admit guilt.
Based on admitted facts, D could not in law have been convicted of the offense charged.
The conviction is found to be unsafe despite the guilty plea.
Fresh evidence has arisen since the guilty plea.
Common Grounds of Appeal Against Conviction:
Error in Summing-Up/Misdirection on Law or Fact:
E.g., improper direction on failure to testify or defendant’s character.
Improper comments by the judge, bias toward prosecution.
Wrongful Admission/Exclusion of Evidence:
If this makes the conviction unsafe, CoA will quash, even without counsel objection.
Erroneous Exercise of Discretion:
Exceptional cases where judge failed to exercise discretion or did not consider relevant factors.
Rejecting Submission of No Case to Answer (NCA):
Wrongful rejection results in an unsafe conviction.
Inconsistent Jury Verdict:
Will quash if no reasonable jury could have reached that conclusion.
Conduct of the Trial Judge:
Excessive intervention can lead to quashing a conviction.
Wrongful Withdrawal of an Issue from the Jury:
Only can affirm if withdrawal didn’t cause a miscarriage of justice.
Common Grounds of Appeal Against Sentence:
Leave required unless trial judge certifies fit for appeal.
Must be lodged within 28 days of the sentence.
Statutory Grounds include:
Sentence Based on Incorrect Law:
E.g., imposes custodial sentence when not required.
Wrong in Principle or Manifestly Excessive:
Beyond appropriate penalties or outside guidelines.
Judge’s Sentencing Remarks:
Consider irrelevant factors.
Procedural Errors:
Not holding a Newton hearing when required.
Disparity Between Co-Defendants:
No justification for differing sentences.
Procedural Requirements:
New Evidence:
CoA may hear if necessary for justice; must consider credibility, relevance, admissibility.
Drafting Grounds of Appeal:
Must identify each ground and outline arguments with supporting facts and authorities.
Grounds should enable a clear understanding of facts and issues quickly.
Counsel should not settle grounds unless they are reasonable with prospects of success.
Application Procedure:
Usually considered on papers by a single judge; refusal can be renewed.
If some grounds are granted while others are refused, can argue only with leave of court.
Skeleton arguments must be served 21 days before hearing, responding party 14 days prior for complex law.
Prosecution Appeal Against Trial Rulings:
Unduly Lenient Sentences:
Available for indictable offenses; AG considers if unduly lenient and refers to CoA.
CoA may substitute a more appropriate sentence involving new evidence.
Appeals on Trial Judge Rulings:
Grounds include terminatory rulings with trial judge or CoA leave, and rulings damaging prosecution's case.
Criminal Case Review Commission (CCRC):
Refers convictions or sentences to CoA for review, based on fresh evidence.
Only grounds is a real prospect of the CoA quashing the conviction/sentence.
Applying for Leave to Appeal:
Notice must be served within 28 days.
Grounds must be clear and in one document; grounds can be perfected later.
Time limits can be extended; single judge typically decides on papers.
Powers of CoA:
Dismiss appeal.
Quash conviction.
Quash conviction and order retrial, though unlikely if much time has elapsed.
Substitute conviction for an alternative offense, e.g., burglary for theft.
Statutory Grounds for Sentencing:
CoA can dismiss, quash, or substitute sentences.
No harsher penalty on appeal than what was dealt with by CC.
Cases may be referred to CCRC for re-investigation if a possibility of quashing exists.
Terminating rulings appeals to SC require leave for significant public law points.
Outcome of Appeals: CoA allows an appeal if the conviction is unsafe, dismissing other contexts. Errors in law or procedural irregularities may lead to dismissal unless there's a miscarriage of justice. Factors for retrials include elapsed time, new evidence, and publicity.
Partial Success: Verdicts can be substituted if the jury could have found the defendant guilty of that other offense.
Crown Court Powers: The CC can vary or rescind sentences within 56 days, allowing correction of sentencing errors by the original judge.
Right to Appeal: Leave from the CoA is generally required; application to extend time is possible within 28 days of conviction.
Hearing of the Appeal: Typically heard by three judges; serious cases may involve more. Sentencing appeals may use two judges based on legal arguments.
Guilty Plea Appeals: Allowed if the defendant was unaware of the charge's nature, could not legally be convicted based on admitted facts, or if new evidence arises.
Common Grounds for Conviction Appeals: Include errors in summing-up, wrongful evidence admission, judicial discretion errors, and jury verdict inconsistencies.
Common Grounds for Sentence Appeals: Must be lodged within 28 days unless certified for appeal. Statutory grounds include incorrect law application, excessive sentences, and procedural errors.
Procedural Requirements: New evidence must be credible and admissible; grounds of appeal should be clearly outlined.
Application Process: Typically considered by one judge; skeleton arguments required by strict timelines.
Prosecution Appeals: Available for unduly lenient sentences and trial judge rulings.
Criminal Case Review Commission (CCRC): Refers cases based on fresh evidence, focusing on prospects for quashing convictions.
CoA Powers: Outcomes include dismissing appeals, quashing convictions, ordering retrials, or substituting for lesser offenses. No harsher penalties than what CC imposed.