Describe the routes of appeal for the defence from both the Magistrates Court and from the Crown Court.

        If the defendant decides to appeal from the Crown Court against conviction and/or sentence it will go to the Court of Appeal. In all cases the defendant needs leave to appeal from the Court of Appeal, or the trial judge must grant a certificate that the case is fit for appeal. The defendant can only appeal against conviction if it thought to be unsafe (s2(1) Criminal Appeal Act 1968 as amended by the Criminal Appeal Act 1995). If the Court of Appeal allows the defendant to appeal it may order a retrial (s7 Criminal Appeal Act as amended by the Criminal Justice Act 1988) or it may quash the conviction. When hearing an appeal, the Court of Appeal has power to admit fresh evidence if it is necessary or expedient in the interest of justice (s23(1) Criminal Appeal Act 1968)

        There is another rout of appeal but this is only if there has been a miscarriage of justice. The Criminal Case Review Commission (CCRC) deals with them if there has been a miscarriage of justice. It used to be dealt with by the Home Secretary but this was said to be too involved with the executive. The CCRC can investigate cases, which were tried in the Crown Court or Magistrates. Where the case was tried in the Crown Court it may be referred to the Court of Appeal and the Magistrates Court is referred to the Crown Court. The CCRC can only refer a case if: an appeal has been decided or leave to appeal has been refused and it considers there is a real possibility that the conviction (or sentence) would not be upheld (s13 Criminal Appeal Act 1995).

The cases described below was been heard by the Court of Appeal following referral by the Criminal Cases Review Commission, on the grounds that there is a real possibility that the conviction, finding, verdict or sentence may not be upheld.

A man named Mahmood Mattan conviction was referred to the Court of Appeal on 23 September 1997, and quashed on 24 February 1998. Mr Mattan was convicted on 24 July 1952 at Glamorganshire Summer Assizes, Swansea of the murder of Miss Lily Volpert in her shop in Bute Street, Cardiff on 6 March 1952. Leave to appeal was refused on 19 August 1952. Mr Mattan was hanged at Cardiff Prison on 3 September 1952.

The Commission referred the case to the Court of Appeal on 23 September 1997, and the conviction was quashed on 24 February 1998 when Lord Justice Rose, Mr Justice Holland and Mr Justice Penry-Davey ruled that the conviction was unsafe because the evidence of the main prosecution witness was unreliable.