This document outlines the criminal court appeals system in the UK. It begins with criminal cases starting in the Magistrates Court, which can be appealed to the Crown Court. Defendants and prosecutors can further appeal to the Court of Appeal on points of law or unduly lenient/harsh sentences. The highest court is the House of Lords, which will hear appeals on important points of law or those of public importance, if permission is granted. The document provides details on the jurisdiction and appeal options at each level of the criminal courts system.

1. Criminal Courts
Appeals system
By Mrs Hilton

2. Learning Objectives
To be able to assemble a diagram of

the Criminal Courts Appeals system
 To be able to describe the appeals
procedure in all 4 appeals courts.

3. Criminal Courts Routes of
Appeal
House of lords
Court of appeal
Queen’s bench
Divisional Court
(High Court)
Crown Court
Magistrates
Court

4. Magistrates’ Court (Revision)
All criminal cases start at Magistrates

 Power to try all summary offences
 May try either way
 Power to sentence up to 12 months
prison and £5,000 fine
 More than that sent to Crown Court

5. Crown Court (Revision)
Tries indictable offences

 Tries either way offences if defendant
has requested Crown Court
 Guilty – judge alone will impose
sentence
 Not guilty a jury will try case

6. Appeals from Magistrates
A case decided in Magistrates may

have appeal heard in Crown Court
 Two magistrates and a circuit judge
will retry the case
 May appeal:
◦ Sentence too harsh
◦ Wrongly convicted
Point of law appeal however must be

appealed to Queens Bench Division of
High Court (see diagram slide 1)

7. Terminology
Permission to appeal is know as with

leave
 This is granted by the Crown Court or
Court of Appeal

8. P appeal to Court of Appeal
P may appeal to Criminal Division of

Court of Appeal if it believes:
◦ D has received too lenient sentence
◦ D wrongly Acquitted
◦ So Law is changed for the future.

9. D appeal to Court of Appeal
D May appeal to criminal division of

Court of Appeal
 Sentence too harsh (without
permission)
 Facts of case (needs new evidence
before appeal can happen)

10. CCRC
Criminal Case Review Commission

may recommend that Court of Appeal
allow an appeal in a case where it
believes a miscarriage of justice has
occurred.

11. Power of the Court of Appeal
Dismiss appeal

 Vary a sentence
 Order a retrial
 Quash the conviction

12. House of Lords
Highest Appeal Court in England and

Wales
 Hears only appeals with leave
(permission granted by Court of
Appeal or House of Lords itself)
◦ Point of law
◦ General public importance

13. of
House
Lords

14. of
Court
Appeal

15. Crown
Court

16. Magistrates
Court

17. Queens
Bench,
Division
Court ( High