English Legal System Courts and Routes of Appeal G151 Miss Hart 2010-11
Starter: Find the Courts! Find eight courts and assign them to appellate or first instanceO 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 U First Instance:S 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 W Appellate:K 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 U Which ones are criminal?
Now, how do they all fit together? Civil Criminal
What about the other three courts? European Court of JusticeEuropeanCourt ofHuman Rights
Thinking:What is the point in having an appeal system?
Key Vocabulary Before we begin to look at appeals, it’s important you understand some of the key vocabulary that we will use. How many of the following terms can you define? First Instance Appellate Quash Leave Point of fact Point of law Affirm Permission to Interpretation by the appeal. Either from judgethe court they are in, A court which hears Replace the or the court they only appeals conviction with an wish to appeal to acquittal. A court which hears D is appealing cases for the first against the Uphold their conviction. conviction time (trials)
The Basic Routes1. A Summary Trial Supreme Court Summary Trial Means:
Basic Routes:2. A Trial on Indictment Supreme Court Trial on Indictment Means:
The Courts’ Powers: Supreme Court Used to be known as the Judicial Committee of the House of Lords They are the supreme appellate court for England and WalesThey can only hear appeals on points of law of general public importanceYou will need leave to appeal here.They may quash, affirm or vary the convictionThey heard appeals last year, were criminal casesOf applications were granted leave Figures from 1st Oct – 31st March http://www.supremecourt.gov.uk/docs/ar_2009_10.pdf
The Courts’ Powers: Court of Appeal (Criminal Division) Can quash, dismiss, confirm, order a re-trial, vary the sentence. How many appeals? Procedure for appealing:Should be lodged within ‘unsafe’ 28 days The only grounds under which a conviction may be quashed by the courtFirstly, goes to a single s.2 Criminal Appeal Act 1968 judge of the CA… If they refuse leave,then D can ask the full Thinking: Is this approach fair? Should the court be able to quash on other grounds? court for permission
What rights does the defence have to appeal to the Court of Appeal? From which court? Sentence Point of Fact Point of LawD’s plea at first instance: D’s plea at first instance D’s plea at first instanceReason for appeal: Reason for appeal: Reason for appeal:Does D need leave? Does D need leave? Does D need leave?Consequences: Consequences: Consequences:
Criminal Cases Review Commission: Criminal Justice Act 1995 After conviction, if D still feels that they were the subject of a miscarriage of justice, they can write to the CCRC and ask them to review the case. There must be new evidence. If the CCRC feel that there isgrounds, they will remit it to the CA for them to review. The CA can then apply any of its usual powers.
What rights do the prosecution have to appeal? Power One: Against Lenient Sentences s.36 Criminal Justice Act 19881. 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? Power Two: On a point of law “Attorney General’s Reference” s.36 Criminal Justice Act 1972 Attorney-General’s Reference No.3 of 1993 
Power Three: Jury Nobbling Criminal Procedure and Investigations Act 1996 This is where D has been acquitted, but there is evidence of jury nobbling.
Prosecution Power Four: Double Jeopardy s.75 Criminal Justice Act 2003 P can now appeal against acquittal for a limited number of serious offences, which involve a life sentence where there is ‘compelling new evidence’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 Against Reason Evidence Reason Evidence Wendell Baker: A case for the change in the law?
The Courts’ PowersQueen’s Bench Division Appealing from court Heard by: Powers: Confirm, reverse, vary or remit back to Magistrates with the opinion of the court. Type of appeal? By whom?
The Courts’ Powers Crown CourtAppealing 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
Student end of unit task: How good a lawyer are you? You are going to advise your first client.Name: Brian SmithOffence: Theft of laptop worth £2000Sentence: Two years custodyProblem: He wishes to appeal against conviction, as a new witness has come forward. He also wishes to appeal against the sentence as he considers it too harsh. Advise him.
Consolidation Answer the question!A Evaluate whether the rule change on double jeopardy is fair in the interests of justice.B Explain two grounds under which P may want to appeal.C 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