Criminal Courts Appeal Route

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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. The appeal will be heard by a High Court Judge or even a Court of Appeal and there will be no witnesses.  Further appeal can be made to Supreme Court if it concerns great public importance or ought to be considered by Supreme Court. In the Case of Cv DPP, the divisional Court ruled that times have changed and there should be criminal responsibility of children of 10 and up however this was overruled by house of Lords.

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Crown Court

Criminal Procedure Rules are laid down to deal with all aspects of criminal cases.

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 ...

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