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Criminal Courts Appeal Route

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Introduction

APPEAL ROUTES If defendant pleaded guilty, they can only appeal against sentence, whereas if the defendant pleaded not guilty, they can appeal against conviction and sentence. The case will be reheard by a judge and two magistrates which may result in a same decision, or vary decision or reverse decision which is bound by the magistrates power. If it is on a point of law, the Crown Court can decide or a further appeal to QBD by way of case stated appeals may be made. Casezl stated appeal can be made by prosecution against acquittal or by defence against conviction. ...read more.

Middle

The prosecution can appeal against an acquittal by making an application to the Criminal Procedure and Investigation Act 1996. They cannot appeal against a finding of not guilty by the jury unless the acquittal was the result of jury or witness being nobbled. The Criminal Justice Act 2003 removes the ?double jeopardy? rule for serious cases where new and compelling evidence found. Ex: able to test DNA today. The Attorney General can refer to a point of law to get a ruling on the law but will only create precedent which does not affect the acquittal. Criminal Procedure and Investigation Act 1998 places a duty on both sides to make certain points known to the other. ...read more.

Conclusion

Reforms: Large number of miscarriage of justice lead to demands for a review body. House Secretary has the power to review cases and refer them to Court of Appeal but they are not independent of the government. Runciman commission recommended that an independent body should be set up to consider possible miscarriages of justice and this is implemented by the Criminal Appeal Act 1995 which set up the Criminal Cases Review Commission. The Commission has the power to investigate possible miscarriage of justice and refer cases back to courts. Committee is appointed by the Queen and the main cases are brought to its attention by defendant themselves or their families though some have been referred by the Court of Appeal. ...read more.

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