• 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. Woolf Reforms

    The most significant innovation of the reforms is case management; the court will now be the active manager of the litigation. The main aim of this approach is to bring cases to trial quickly and efficiently. The court now has to allocate each case to the most appropriate track depending primarily on the financial value of the claim.

  2. Notes on Sentencing in British courts

    o If reach 21 inside get moved to adult prison. Detention and Training Orders o Crime and Disorder Act 1998, created new custodial sentence called detention and Training order for young offenders. o Sentence must be specified and be between 4 & 24 mths.

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

    Since the Progressive era, however, when children were viewed for what they are: impressionable, vulnerable and, therefore, malleable people for whom a concept such as rehabilitation could have real, lasting meaning, the distinction between the two has been an integral part of our cultural heritage.

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

    In many cases, youths will hang out with gang members for up to a year before making a commitment to join. Initiation rites, which range from being beaten by a row of gang members, to committing a crime or harming a member of an opposing gang are sometimes required to

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

    antitrust law implies that attempting to monopolize is illegal under � 2 of the Sherman Antitrust Act if the specific action taken have anti-competitive consequences. Bundling and price discrimination could be illegal if they have anti-competitive consequences. Exclusionary contract (which restrict distribution or production)

  2. The Criminal Justice System: A Questionable Egalitarian Model

    In addition to race, there are also other characteristics that might lead to some form of profiling and thus cause particular types of persons to be viewed as latent criminal activity. Again, Vago admits that the evidence is "sketchy" on this matter, yet he claims there is reason to

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