• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Criminal Courts Appeal Route

Extracts from this document...

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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Free essay

    Critically discuss whether the criminal courts of England and Wales require substantial reform. Firstly ...

    may be, the basis for requiring media silence is undermined if and when the citizen, not yet called to serve on the jury and seeking further information than that already published, can access it through the internet.

  2. Notes on Sentencing in British courts

    Can be brought up if re offends. o Absolute is effectively no penalty imposed. o Used if technically guilty but morally blameless. E.g. tax disc fell onto floor. As some penalty would have to be imposed they could give a C discharge. 3.6 Disqualification from Driving o If charged with driving offence court can confiscate licence.

  1. As the juvenile courts converge procedurally and substantively with the adult criminal courts, does ...

    rates of ethnic and racial minorities found incarcerated in the criminal justice system. Simply stated, due to residential segregation based on race and income, a poor and/or minority youngster is more likely to have contact with known criminals due to the concentration of persons involved in crime in underclass neighborhoods (Walker, Spohn and DeLone, 74).

  2. Why do young people join gangs and other subcultures? How does a criminal sub ...

    Criminologists have long acknowledged that actions and identities labelled "criminal" are typically generated within the boundaries of deviant and criminal subcultures. In this sense, much of what we take to be crime is essentially collective behaviour whether carried out by one person or many, particular criminal acts are often organized within and instigated by sub cultural groups.

  1. Woolf Reforms

    A further change that has been applied be the civil courts as a result of the new rules is the increase of use of Alternative Dispute Resolutions. There is a general statement in the new rules that the court's duty to further the overriding objective be active case management includes

  2. The Criminal Justice System: A Questionable Egalitarian Model

    For example, plea bargaining is a legal practice that is associated with the ability of prosecutors to take initiative in handling criminal cases. Plea bargaining occurs when a prosecutor negotiates with a defendant to accept a guilty plea for a lesser crime because it is uncertain that a costly jury

  1. Microsoft Antitrust Case Microsoft is a large diversified computer software manufacturer. Microsoft produces ...

    The following Antitrust Law applies to this case: 1. Section 2 of the Antitrust Acts "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony."

  2. Explain the role of the CCRC (Criminal Cases Review Commission)

    but there is only one commissioner if it is being turned down and 3 commissioners if it is going to the court of appeal. The Criminal Cases Review Commission was set up by the previous government to investigate possible miscarriages or justice.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work