Different routes of appeal available to both the defence and prosecution in a case of theft

If it becomes apparent to the Crown court that there is a point of law to be decided than the Crown court itself can decide that point of law but there is a chance that a further appeal by way of case stated appeal being made to the Queens Bench Divisional Court. This occurs vary rarely and only when the appeal is claiming that the magistrates or possibly a Crown court judge came to the wrong decision as a result of making a mistake in the law. The hearing at the Queens Bench Divisional Court is based around the magistrates or Crown court being asked to set out their findings of fact and decision before the two or three high court judges that usually sit in the Queens Bench Division argue the case on the basis of what the law is on the facts presented. This route of appeal is available to both the prosecution and the defence. It is used by the defence against a conviction or by the prosecution against an acquittal. The Divisional courts decision can confirm, vary or reverse the decision and in some cases remit the case back to magistrate’s court for the magistrates to implement the decision on the law. In very rare cases there is also a final stage to which a case can be appealed and that is in the House of Lords. This will only take place if the Divisional Court certifies that a point of law of general public importance is involved or the Divisional Court or House of Lords feels that the case should be given leave as the point of law is one which ought to be heard in the House of Lords.

It is also possible to appeal from the Crown court. Appeals from the Crown court are made to the court of appeal. A defendant can appeal against conviction or sentence to the criminal section of the court of appeal. It is usual for a defendant found guilty to appeal against his conviction; the initial appeal stage must be done within twenty eight days of the actual conviction. In order for an appeal to progress it must be granted leave, the rules on appeals are set out in the Criminal Appeal Act 1995. in all cases leave must be granted by wither the court of appeal or the trail judge by issuing of a certificate. This process is deigned to filter out cases without merit for appeal and save the courts time. The court of appeal has the power to quash or uphold a conviction. Alternatively it can vary a conviction and apply a lesser conviction and where sentence is concerned it can lessen the severity of the sentence but not increase it. The court of appeal also has power within it to order a re-trial of a case it believes requires another analyses by a jury,

The prosecution can also appeal from the crown court; this appeal can be against acquittal but can also be to refer a point of law. There is only one circumstance that allows the prosecution to appeal against a defendant being found not guilty. This is when the decision of the jury is influenced by some or all of the jurors being bribed or threatened by associates of the defendant in question. In this incidence where the case of “nobbling” has been upheld the Criminal Procedure and Investigations Act 1996 allows the prosecution an application for appeal to be made to the high court in an attempt to bring forward an order to  quash the acquittal. Should this procedure take place and an acquittal quashed then the prosecution would start new proceedings for the same offence. As mentioned above the prosecution have a special referral right in cases where a defendant is acquitted. This right, under section 36 of the Criminal Justice act 1972, allows the Attorney general to refer a point of law to the court of appeal in order to get a decision on the law. The ruling on the point of law has no influence on the acquittal of the defendant but simply creates a precedent for any future cases. The prosecutions final right to appeal is against sentence. This appeal is done through the attorney general and serves to refer what is seen an unduly lenient sentence to the court of appeal for re-sentencing. This power has been extended from only indictable offences to triable-either-way offences, but the trial must have taken place at the Crown court. As with the appeals to the Crown court, appeals from the Crown court can also reach a stage of appeal in the House of Lords, both the prosecution and the defence can appeal at this stage but it is necessary to have the case certified as involving a point of law of general public importance and to get leave to appeal be it form the court of appeal or the House of Lords itself.

Both routes of appeal bear several similarities yet also have intimate differences in procedure. In a sense each different course for appeal ultimately demonstrates the sae filtration on the case outcome, this is true in that no matter the route of appeal once at certain stage every case will need to gain leave before proceeding and this in itself will examine the case on its merits for gaining leave before even considering the outcome.