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Q        Basil, aged 21, has been found guilty of robbery in Granchester Crown Court. He threatened a passer-by and demanded that he give him his bicycle. Basil said he only wanted to borrow it to get home. He wishes to appeal.

To which court does the appeal lie from the crown court and on what ground can an appeal be brought? Consider the present appeal system in criminal cases and assess whether it sufficiently protects the defendant from miscarriages of justice.

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The Court of Appeal hears appeals from the Crown Court against conviction and sentence. Appeals against sentence may only be made with leave. Appeals against conviction on matters of law may be made as of right, but leave of the court is needed for other reasons e.g. in the question on a question of fact or on a mixed question of law and fact, leave of the Court of Appeal is required unless the trial judge certify that the case is fit for appeal. About three-quarters of appeals are against sentence only.

The Court of Appeal may hear evidence that was not available at the original trial but it does not happen frequently and the court mainly relies on transcripts and legal arguments. Under the Criminal Appeals Act 1995, the Court of Appeal allows an appeal (and possibly orders a new trial) if it considers the conviction unsafe, but dismisses it otherwise; this replaced the previous more complex tests but has made little difference in practice.

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On an appeal against sentence, the sentence may be decreased but not increased, except that one part may be increased to compensate for a reduction elsewhere. Time spent in prison on remand or awaiting appeal is normally counted against the sentence, but the Court of Appeal has the power to date sentence from its own decision and so discourage frivolous appeals.

When an appeal is allowed (and no new trial is ordered), the conviction is no longer regarded as such, and the sentence is clearly annulled. However, this does not of itself give the defendant any rights to compensation for ...

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