Appeals 2013


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Appeals 2013

  1. 1. English Legal SystemCourts and Routes of AppealG151 Miss Hart2010-11
  2. 2. Starter:Find the Courts!Find eight courts and assign them to appellate or first instanceFirst Instance:Appellate:O S Q X E V I W N H T S S N GK W U V G Z P L F R N F E Q US F O P E N G I U D A S T U OZ X T Q R J X O K M Y X A E KZ L Z J M E C X I D T H R E XA R A N C N M L E N Y D T N FG R I N W V Y E S K H W S S XC P B O A C U M C O N R I B WK Y R S O F N K D O X T G E GI C H U B H O T H W U I A N FW L R T Q Y L G Y S C R M C OH T R U O C Y T N U O C T H ZC H A N C E R Y W Z G Y W Q OI R J D U J P X G R O M B Q UC O U R T O F A P P E A L T UToo easy?1. What’s missing?2. Highlight the criminal ones…3. What’s wrong with this one?
  3. 3. Highlight theones youthink arevital to thistopicThis is the easy partHow do they fit together?
  4. 4. What about outside England and Wales?Court: Court of Justice of theEuropean UnionEuropean Court of Human RightsKey Act;Who canappealthere?Whatgrounds?FromwhichdomesticCourts?Example:
  5. 5. Key VocabularyBefore we begin to look at appeals, it’s important you understand some of the key vocabularythat we will use. How many of the following terms can you define?First Instance Appellate QuashLeave Point of fact Point of law AffirmPermission toappeal. Either fromthe court they are in,or the court theywish to appeal toUphold theirconvictionA court which hearsonly appealsA court which hearscases for the firsttime (trials)Interpretation by thejudge Replace theconviction with anacquittal.D is appealingagainst theconviction.
  6. 6. Thinking:What is the point in having anappeal system?… if you are a defendant?…if you are the prosecution?
  7. 7. The Basic Routes1. A Summary TrialSummary TrialMeans:Supreme CourtQBDCrown CourtIf D plead Guilty, canappeal againstsentence onlyIf D pleads NG, thenappeal or conviction– known as point offact.Point of law(interpretation) only.Needs leave.Appeal by way of casestated (Magistrateshave to recap the caseand say what theydecided and why)Point of LawAppeal by prosecutionor defenceCertified point of law of nationalimportance.
  8. 8. Two Examples!One old… One newHill v BaxterPled a defence ofautomatism to a charge ofcareless driving.MAGISTRATES  QBDDoes this ring a bell?Boddingtons v BritishTransport Police 1998
  9. 9. Basic Routes:2. A Trial on IndictmentTrial on IndictmentMeans:Supreme CourtCourt of AppealProsecutionAppeal for retrial (double jeopardyno longer exists in somecircumstances)Attorney General’s reference on apoint of law (Where D is found NG,but P thinks the court got the lawwrong)Appeal against unduly lenientsentencesJury Nobbling (via the QBD)DefenceIf D pleads guilty, can only appeal:•Point of Law•SentenceHowever, if pleads NG, can appeal:• point of law•Point of fact•SentenceCCRC for miscarriages of justiceCertified point of law of nationalimportance.
  10. 10. Some examples…All of these are cases youhave met elsewhere onthe course, or inindependent study.All of you should be ableto name the case or thefacts.Most of you should beable to tell me theoutcome of the case.Some of you may be ableto identify the grounds ofappeal (and so tell mewhich is the odd oneout!).
  11. 11. Finally have you got the basics?Putting that knowledge into practiceBefore we go over a little more detail on therole of the courts, lets see how good you areat giving advice to a client.Student Task:Each pair or three has 6 problems*. Can you, usingonly the knowledge you already have, complete thechallenges below:1. All of you should be able to decide who canappeal and who can’t2. Most of you will be able to determine whatgrounds they can apply under.3. Some of you may be able to determine whichcourt(s) they can appeal to, and factors whichmight affect their success.*Careful! We’re going to come back to these later
  12. 12. The person who I think is most likely towin their appeal is…E grade… pick someone.D Grade… give me a reasonC grade… give it a legal basisB grade… give me another reason!A grade… spot and explain a problem!
  13. 13. What’s the word or phrase?SPoint of Law LeaveAttorney General’s ReferenceUpholdLenient Sentence Quash
  14. 14. The Courts’ Powers:Supreme CourtUsed to be known as the JudicialCommittee of the House of Lords 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They heard appeals last year, were criminal casesOf applications were granted leave
  15. 15. The Courts’ Powers:Court of Appeal (Criminal Division)Can quash, dismiss, confirm, order a re-trial, vary the sentence.Procedure forappealing:Should be lodged within28 daysFirstly, goes to a singlejudge of the CA…If they refuse leave,then D can ask the fullcourt for permission‘unsafe’The only grounds under which aconviction may be quashed by the courts.2 Criminal Appeal Act 1968How many appeals?Thinking: Is this approach fair? Should the court be able toquash on other grounds?
  16. 16. What rights does the defence have to appeal to theCourt of Appeal?From which court?SentenceD’s plea at first instance:Reason for appeal:Does D need leave?Consequences:Point of FactD’s plea at first instanceReason for appeal:Does D need leave?Consequences:Point of LawD’s plea at first instanceReason for appeal:Does D need leave?Consequences:
  17. 17. Criminal Cases Review Commission:Criminal Justice Act 1995After conviction, if D still feels thatthey were the subject of amiscarriage of justice, they canwrite to the CCRC and ask them toreview the case.There must be new evidence.If the CCRC feel that there isgrounds, they will remit it to the CAfor them to review.The CA can then apply any of itsusual powers.Independent Study:You will discover more aboutthe working of the CCRCthrough your own researchskills.
  18. 18. What rights do the prosecution have to appeal?Power One: Against Lenient Sentences1. Who appealed and on what grounds?2. What was the outcome of the appeal(s)?3. What was the basis of their decision(s)?4. Do you agree with the decision? Yes/no? Why?s.36 Criminal Justice Act 1988Attorney-General’s Reference No.3 of 1993 [1994]s.36 Criminal Justice Act 1972Power Two: On a point of law“Attorney General’s Reference”
  19. 19. Power Three: Jury NobblingCriminal Procedure and Investigations Act 1996This is where D has beenacquitted, but there is evidenceof jury nobbling.
  20. 20. Wendell Baker: A case for the change in the law?Prosecution Power Four:Double Jeopardys.75 Criminal Justice Act 2003P can now appeal against acquittal for a limited number of seriousoffences, which involve a life sentence where there is ‘compelling newevidence’Student Task: Look at the enclosed article. Using the information and yourown arguments complete the table explaining at least three reasons for each side:For AgainstReason Evidence Reason Evidence
  21. 21. The Courts’ PowersQueen’s Bench DivisionAppealing from courtHeard by:Powers: Confirm, reverse, varyor remit back toMagistrates with theopinion of the court.Type of appeal?By whom?
  22. 22. The Courts’ PowersCrown CourtAppealing from court “by way of case stated” Only may appeal hereIt is heard by a judge and 2magistratesThey will be appealing on the groundsof or If it is an appeal against conviction,then it equates to a retrial.Only a very small amount of D appealagainst conviction each year.Powers: confirm, reverse, varysentence, remit toMagistrates with advice
  23. 23. ConsolidationAnswer the question!Evaluate whether the rule change on double jeopardy is fair inthe 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”State what powers an appellate court has.Identify which courts D may appeal to from the Magistrates’courtABCDE
  24. 24. Can you complete the dominoes?Lollipop Brilliance? No handoutsSticker acceptance? A little help from thehandout or a textbookToo easy? Can you use the information on thedominoes to create, and annotate the routes of appeal for a defendant?
  25. 25. Got it?What’s wrong with each of the statements below?1. Simon is appealing on a point of fact, as he believes the judge was wrongwhen he said that he was in possession of the banana.2. Susan is appealing her sentence as she was given 6 months for theft andthinks this is too long.3. Sammy is appealing from the Magistrates Court and wants the Court ofAppeal to quash her conviction.4. Suranne pled guilty to assault, and now wants to appeal the conviction inthe Crown Court.5. Steve is appealing to the Supreme Court on the grounds that he isinnocent and the CCRC will not help him.6. Spiros has upset the Attorney General, who wants to appeal hisconditional discharge for manslaughter.
  26. 26. Applying all that knowledgeYou have each been allocatedone of the cases.You are going to advise yourclient as to their rights ofappeal, and what they will needto be certain of.Remember: There may be morethan one route of appeal!Why the colours?E – can you clearly state whetherthey can appeal or not and why?C - Can you outline the legal basisof the powers?A – can you provide extrainformation or conditions whichmust be met?My example:Stevie is not able to appeal herself. However, she couldapproach the AG and complain that the sentence was toolenient and she would like him to appeal against this. Thiswould be done under s.36 Criminal Justice Act 1998. If he felt itwas unduly lenient, he could refer it to the Court of Appeal toreconsider. However, the AG might refuse as he does not thinkit is unduly lenient and outside all reasonable sentencingguidelines and Stevie would have to be aware that Sam’ssentence may not be increased, and may even be decreased asa result.
  27. 27. Swap and mark!In their answer, highlight the section whichhas determined the grade you have giventhem.
  28. 28. Describe the process by which the defendant or the prsecutionmay appeal from the Magistrates and the Crown Court [18]What can you tell me about how to answer thisquestion?
  29. 29. *if you ask nicely, I might even help!What’s your plan*?On the back desk are three plan sheets. You needto pick one of them. There is some guidance asto which below, but the final choice is up to you!Sheet A:You are confidentwith the structureof an essay, andthe depth ofcontent.Your style ofessay writing isclear and youhave beensuccessful onprevious essays.Sheet B:You are confidentwith the topic (withthe help of thehandout!) and arehappy determiningyour own detail.Your essaystructure is ok, butmay lack detail orkey definitions.Sheet C:You have beenabsent for part ofthis topic; orYou are veryunsure about thecontent and needclear guidance.You may have alow aspiration orattainment at theminute.
  30. 30. Describe the process by which the defendant mayappeal from the Magistrates and the Crown Court [18]Task:Use your notes andunderstanding to completeyour essay plan.Need more of a challenge?Take a look at the Chester Today article on the Private Member’sBill. Could you incorporate any of these proposals to develop thedetail in your response?
  31. 31. What’s left?Answering the Question of course!End20 minutes.Remember what you want to improve…and demonstrate your brilliance!
  32. 32. PlenaryWhich of these sentences sums up your status onwriting at the end of the lesson?I can apply a wide range of pointsto a scenario and reach a wellinformed conclusion.I can apply the law to a scenarioand reach a logical conclusionI can apply some points of law to ascenario, but struggle to reach aconclusionI can identify at least one relevantpoint in a scenarioI can identify a wide range of pointsand support them with detaileddescription and citation.I can identify a range of points, andadd some detail to some of them.I can explain at least one pointfully, and illustrate it with anexample.I can identify a range of relevantpoints.Essay WritingSection AApplication QuestionSection B
  33. 33. LEVEL 4 Good, well-developedknowledge with a clear understandingof the relevant concepts and principles.Where appropriate, candidates will beable to elaborate by good citation torelevant statutes and case-law.15-18LEVEL 3 Adequate knowledge showingreasonable understanding of therelevant concepts and principles. Whereappropriate, candidates will be able toelaborate with some citation of relevantstatutes and case-law.11-14LEVEL 2Limited knowledge showinggeneral understanding of the relevantconcepts and principles. There will besome elaboration of the principles, andwhere appropriate with limitedreference to relevant statutes and case-law.6-10LEVEL 1 Very limited knowledge of thebasic concepts and principles. There willbe limited points of detail, but accuratecitation of relevant statutes and case-law will not be expected.1-5Describe the community, custodial and othersentences available for youth offenders.The aim is to be in Level Four, so howare we going to get there?A custodial sentence should be the lastoption for a young offender. Under thePowers of Criminal Courts (Sentencing)Act 2000, they should only beimprisoned if they are prolificoffenders or the seriousness of theoffence justifies it.The custodial sentence for a youngoffender may include a number ofmonths/years in a young offendersinstitute, if they have committed acrime that would usually if sentencingan adult, result in a longer sentence,,then the young offender will remain inthe young offenders institute until theycan be tried as an adult.Now you rewrite the sections on pp. 18aiming for detail and accuracy!
  34. 34. OLD NEWIntro: The type of sentence that a youngoffender may receive are slightly different fromthose of an adult. What is a youth offender? What is the aim in dealing with them? What is the main statute in dealing with them.Custodial: If they have committed a crime thatwould usually if sentencing an adult, result in alonger sentence,, then the young offender willremain in the young offenders institute until theycan be tried as an adult.Community: The community sentence for ayoung offender, like that of an adult, will includea number of hours unpaid work, due to theyoung offenders age this is most likely to includeactivities such as litter picking, cleaning graffiti offof public walls or perhaps work in an old persons’home.First Tier: Other sentences for a young offendermay be a ASBO which will give each individualwho is given one specific conditions which theymust abide by such as curfew, banning fromcertain areas etc.Discharges: Like adult offenders young offenderscan also be discharged by the court if they havecommitted a crime, but the courts feel thatDischarge can also be conditional so the offendermay be told to go to rehabilitation or drug abusemeetings they should not be punished.
  35. 35. Homework1.Rewrite YouthSentencing essay.2.Prepare andannotate G151Mock.
  36. 36. Starter…Linking your knowledgeAll of these are cases youhave met elsewhere on thecourse, or in independentstudy.All of you should be ableto name the case or thefacts.Most of you should beable to tell me thegrounds of appeal.Some of you may be ableto tell me which is the oddone out and why!1 2 345678