• 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

    A further change to the civil courts system is that the civil courts are in the process of introducing a new computer system; it is intended that the courts will move from a paper-based system to one where many communications take place electronically, for example statements and evidence being exchanged via email.

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

    Once again, participation in a criminal subculture, or in the culture of crime, means participation in the symbolism and style, the collective aesthetic environment, of criminality.

  1. Notes on Sentencing in British courts

    o Judge recommends minimum number of yrs before release considered. 3.3 Community Sentence o POCC(S)A 2000 set out 5 community sentences to be used for over 16's. 1. Community Rehabilitation Orders 2.

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

    Given the remarks of Judge Jackson during the trail, there was no doubt Microsoft would be found liable by the District Court. Judge Jackson did not examine the proposals of the plaintiff and the defendant but decided on remedies in summary fashion.

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

    Historically, the United States recognizes a distinction between the adult and the child. From its inception, of course, this hasn't always been the case. In the colonial era there was little distinction between the adult and the child; the only substantive distinction was in the nature of the crime itself.

  2. The Criminal Justice System: A Questionable Egalitarian Model

    From this perspective, as stated by Vago, this is because there is "a thin line between discretion and discrimination in discretionary law enforcement" (p. 161). In other words, many police officers might be inclined to regard particular suspects as being likely criminals, simply because they match a preconceived notion of the type of person most likely to commit crimes.

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