Criminal CourtsAppeals systemBy Mrs Hilton

Learning ObjectivesTo be able to assemble a diagram

of the Criminal Courts Appeals system

To be able to describe the appeals procedure in all 4 appeals courts.

Criminal Courts Routes of Appeal

Queen’s benchDivisional Court (High Court)

House of lords

Court of appeal

Crown Court

Magistrates Court

Magistrates’ Court (Revision)All criminal cases start at

MagistratesPower to try all summary

offencesMay try either wayPower to sentence up to 12

months prison and £5,000 fineMore than that sent to Crown

Court

Crown Court (Revision)Tries indictable offencesTries either way offences if

defendant has requested Crown Court

Guilty – judge alone will impose sentence

Not guilty a jury will try case

Appeals from MagistratesA case decided in Magistrates may

have appeal heard in Crown CourtTwo magistrates and a circuit judge

will retry the caseMay appeal:

◦Sentence too harsh◦Wrongly convicted

Point of law appeal however must be appealed to Queens Bench Division of High Court (see diagram slide 1)

TerminologyPermission to appeal is know as

with leaveThis is granted by the Crown

Court or Court of Appeal

P appeal to Court of AppealP may appeal to Criminal Division

of Court of Appeal if it believes:◦D has received too lenient sentence◦D wrongly Acquitted◦So Law is changed for the future.

D appeal to Court of AppealD May appeal to criminal division

of Court of AppealSentence too harsh (without

permission)Facts of case (needs new

evidence before appeal can happen)

CCRCCriminal Case Review

Commission may recommend that Court of Appeal allow an appeal in a case where it believes a miscarriage of justice has occurred.

Power of the Court of AppealDismiss appealVary a sentenceOrder a retrialQuash the conviction

House of LordsHighest Appeal Court in England

and WalesHears only appeals with leave

(permission granted by Court of Appeal or House of Lords itself)◦Point of law◦General public importance

House of Lords

Court of Appeal

Crown Court

Magistrates Court

Queens Bench, Division Court ( High Court)