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

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Introduction

Question 3 Describe the routes of appeal for the defence from both the Magistrates Court and from the Crown Court. From the crown court there are two different appeal routes either case sated appeal to the Queens Bench Divisional Court or to the Crown Court. If it is by way of case stated is it only when the appeal is on a point of law. The magistrates state the case (tell the facts) then the Queen Bench Divisional Court can either quash the decision, confirm it or remit the case to the magistrates' Court for re-hearing. The magistrates are asking for advice about a point of law. A further appeal is possible to the House of Lords but only on a point of law of general public importance and the House of Lords (or QBD) ...read more.

Middle

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. ...read more.

Conclusion

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. ...read more.

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