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Published byHarold Patterson Modified over 9 years ago
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High Court (QBD)Crown Court Magistrates Court Supreme Court
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Court of Appeal Crown Court Supreme Court
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High Court (QBD)Crown Court Appeal against conviction/sentence Case stated appeal (Point of Law) D only n.b if D pleaded guilty, can only appeal against sentence P or D Magistrates Court Supreme Court Case stated appeal (Point of Law) Case reheard by a judge & 2 magistrates. Can reach same decision, reverse or vary within limits of magistrates’ powers Panel of 2/3 High Court Judges hear evidence from Crown Court/Magistrates Court. No witnesses. May confirm, vary or remit (send back) Only if a) QBD states point of law of public importance & b) QBD or Supreme Court gives leave to appeal
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Court of Appeal Appeal against conviction/ sentence If judge gives ruling that effectively stops case D Must get leave to appeal from C of A or certificate from trial judge: Criminal Appeal Act 1995: a) shall allow appeal against conviction if think it is unsafe and b) dismiss if not P Crown Court Supreme Court Can quash conviction, vary to lesser offence, decrease sentence but cannot increase. Could order retrial (rare = 50/60 cases per year) Against acquittal if: a)Jury nobbled b)New & compelling Evidence Refer a point of law (doesn’t affect case but creates precedent) Against sentence Only if point of law of general public importance and leave to appeal from Supreme Court or CofA
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