1. CROWN COURT APPEALS
Referral under
Article 177
Treaty of Rome
European Court of Justice if a point of
European Law
– Only if point of law of general public involved
importance
– Must get permission from Court of
Appeal or House of Lords
HOUSE OF LORDS
High Court
(Queen’s Bench
Court of Appeal
Divisional Court) (Criminal Division)
• Prosecution can Attorney General’s Attorney General’s
apply to High Court reference reference
for an acquittal to can refer an acquittal can refer an unduly
be quashed for a ruling on a point of lenient sentence
• ONLY if jury has law Defendant can appeal against
s36 Criminal Justice Act
been intimidated s36 Criminal Justice Act either SENTENCE
(1972)
• Criminal (1972) or CONVICTION
Sentence could be
Procedure and Does not change Must get permission
increased
Investigations verdict (“leave”) from the trial
Act (1996) judge or Court of Appeal
• Never been used – Criminal Appeals Act (1995)
so far Trial at Crown Only 30% of cases get permission
Court Andy Howells
www.law-exchange.co.uk