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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)