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  • 1. Starter: What’s the topic?
  • 2. Thinking: What is the point in having an appeal system? … if you are a defendant? …if you are the prosecution?
  • 3. Introduction: What do you already know? If you are convicted in the Crown Court, which court do you appeal to? Which court hears the least appeals, and has the final say? Name two things D might want to appeal against. If D pleads guilty. What will he not be able to appeal against? 1 Mark 1 Mark 1 Mark 1 mark Why might the prosecution want to appeal? What is double jeopardy? What can happen to an appeal? What was the prosecution appealing against in KINGSTON, when it went to the HL? 2 marks 2 marks 2 marks 2 Marks Which court will you not go to if convicted of a summary offence? What risk is there in appealing a sentence? What can’t the appeal court do to your conviction? Who has to complain about a lenient sentence? 3 marks 3 marks 3 marks 3 marks
  • 4. …now can you apply the law? In each of the cases in your pack, one side wanted to appeal. Can you work out which side, on what grounds and to which court? Challenge: Can you use the correct terminology in explaining your conclusions?
  • 5. Starter… Linking your knowledge All of these are cases you have met elsewhere on the course, or in independent study. 1 2 All of you should be able to name the case or the facts. Most of you should be able to tell me the grounds of appeal. Some of you may be able to tell me which is the odd one out and why! 3 6 5 4
  • 6. Consolidation: Got the key information? The Summary Route… Court: Court: Court: Summary Trial:
  • 7. Consolidation: Got the key information? The Indictable Route… Court: Court: Indictable Trial:
  • 8. Pause and check… Can you complete the dominoes?
  • 9. DPP v Smith 2006 The defendant's ex-girlfriend went round to his house whilst he was asleep in bed. She went up to his bedroom and woke him up. He pushed her down on to the bed, sat on top of her and cut off her hair which was in a pony tail. The defendant was charged with assault occasioning actual bodily harm under s.47 of the Offences Against the Person Act 1861. The Magistrates held that there was no case to answer in relation to the charge under s.47, as cutting of hair itself did not constitute ABH. The prosecution appealed Advise the prosecution on their rights of appeal Terminology: By way of case stated. Affirm Quash Summary trial
  • 10. R v Hancock and Shankland 1985 The appellants were convicted of murder for the death of a taxi driver. The appellants were miners on strike. They wanted to block the road to the mine to prevent works breaking the picket line. They had dropped lumps of concrete and a post from a bridge on to the carriageway below as the convoy of workers approached. The taxi was struck by two lumps of concrete resulting in death of the driver. The prosecution contended that the appellants conduct meant that they intended nothing less than serious bodily harm. The appellants argued they only intended to block the road and no harm was intended to result from the actions. Advise the defence on their rights of appeal Terminology: Leave Point of law of general public importance Affirm Quash Indictable trial
  • 11. R v Harmer 2007 V, 11, was beaten, repeatedly stabbed and dumped in a park in Bury, Greater Manchester, on 1 March 2006. D, who was 14 at the time of the attack, pleaded guilty to murder at the start of his trial at Manchester Crown Court. Hamer was told that he would serve a minimum of 12 years before being eligible for parole. Advise both the defence and the prosecution on their rights of appeal Terminology: Leave Lenient Sentencing Affirm Quash Indictable trial
  • 12. So can you identify the word? Challenge: what does it mean?
  • 13. Introduction: Can you summarise to which court, and on what grounds you would advise D to appeal Challenge: can you spot the ‘but’ for each?
  • 14. Supreme Court  They are the supreme appellate court for England and Wales They sit in groups of or or . They can only hear appeals on points of law of general public importance You will need leave to appeal here. They may quash, affirm or vary the conviction Of applications They heard appeals last year, were granted leave last year were criminal cases
  • 15. Court of Appeal Criminal Division Can quash, dismiss, confirm, order a re-trial, vary the sentence. Procedure for appealing: How many appeals? Should be lodged within 14 days Firstly, goes to a single judge of the CA… If they refuse leave, then D can ask the full court for permission Sentence  D’s plea at first instance:  Reason for appeal:  Does D need leave?  Consequences ‘unsafe’ The only grounds under which a conviction may be quashed by the court s.2 Criminal Appeal Act 1968 Point of Fact  D’s plea at first instance:  Reason for appeal:  Does D need leave?  Consequences Point of Law  D’s plea at first instance:  Reason for appeal:  Does D need leave?  Consequences
  • 16. What about the prosecution’s right of appeal? Lenient Sentences Criminal Justice Act 1988 Attorney General’s Reference Criminal Justice Act 1972 Point of Law Jury Nobbling Criminal Procedure and Investigations Act 1996 Retrial for D who has already been acquitted s.75 Criminal Justice Act 2003
  • 17. Criminal Cases Review Commission: Criminal Justice Act 1995 Watch the enclosed short video about the operation of the Criminal Cases Review Commission.      Be prepared to answer the following questions: What are the two grounds under which the commission may investigate? What are the criteria for a review? Who can apply? What are the grounds for sending it back to the CA? What is their success rate
  • 18. Queen’s Bench Division From: Heard by: Powers: Confirm, reverse, vary or remit back to Magistrates with the opinion of the court. Type of appeal? By whom?
  • 19. Crown Court Appealing from court “by way of case stated”  Only may appeal here It is heard by a judge and 2 magistrates They will be appealing on the grounds of or  If it is an appeal against conviction, then it equates to a retrial. Only a very small amount of D appeal against conviction each year. Powers: confirm, reverse, vary sentence, remit to Magistrates with advice
  • 20. Introduction Define the key term of the question, origin and reason for having it Main Ensure that you cover at least 6 areas, and are able to explain and add detail to each: e.g. what it includes, the statute covering it, a linked case. Conclusion Sum up the topic in no more than one sentence, or include a critical comment. Subheading/Point/Area Means/explanation/detail Example/Cases/Illustration Be precise and accurate Remember to explain it rather than state!
  • 21. Main Ensure that you cover at least 5 points, and are able to explain and add detail to each: Remember to use the defendant’s name and fully explain the point. Conclusion Sum up the most likely routes and your conclusions. Point Means/explanation/detail Be precise and accurate Link back to facts of question Remember to use D’s name!
  • 22. Consolidation Answer the question! A B C Evaluate whether the rule change on double jeopardy is fair in the interests of justice. Explain two grounds under which P may want to appeal. Describe what is meant by an “appeal by way of case stated” D State what powers an appellate court has. E Identify which courts D may appeal to from the Magistrates’ court