Appeals procedure - Grounds for appeal

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Overview

Appeals are a vital part of the criminal justice system, ensuring protection against potential errors. For SQE1 FLK2 exam candidates, it's important to understand appeal procedures and their practical applications. This guide provides explanations of appeals from both Magistrates' and Crown Courts, examining the various grounds and their significance in legal practice. Understanding these elements will help aspiring solicitors handle complex appellate scenarios effectively.

Appeals from Magistrates' Court to Crown Court

Appeals Against Sentence Following a Guilty Plea

When a defendant pleads guilty in the Magistrates' Court, they can appeal the severity of the sentence. Important considerations include:

  • Mitigating Factors: Arguing that not enough attention was given to factors like remorse, cooperation, or personal challenges.

  • Sentencing Guidelines: Reviewing whether the lower court properly used the relevant guidelines.

  • Proportionality: Assessing if the sentence fits the crime, considering the defendant's situation.

Appeals Against Conviction and Sentence Following a Not Guilty Plea

Appeals after a not guilty plea allow challenges to the conviction and sentence. Grounds include:

  • Errors of Law: Incorrect application or interpretation of legal principles.

  • Factual Errors: Contesting findings of fact that seem unsupported by the evidence.

  • Procedural Irregularities: Deviations from proper legal procedure, like improper evidence admission.

The Rehearing Process

Appeals to the Crown Court involve a complete rehearing, which means:

  • New evidence can be introduced with the court's permission.
  • Witnesses may be re-examined for a new credibility assessment.
  • The court can impose a stricter sentence under certain circumstances.

Appeals from Crown Court to the Court of Appeal

Conviction Appeals

Appeals must show the conviction is "unsafe" under Section 2(1) of the Criminal Appeal Act 1968. Grounds include:

  • Misdirection of the Jury: Arguing that the judge's instructions were incorrect, affecting the verdict.

  • Improper Evidence Handling: Wrongful handling of evidence that could affect the outcome.

  • Fresh Evidence: New evidence may be considered if it meets specific criteria and wasn't available at trial.

Sentence Appeals

These focus on proving the sentence was excessively harsh or misguided. Important points include:

  • Sentencing Guidelines: Assessing if the guidelines were followed correctly.

  • Proportionality: Ensuring sentences are appropriate for the offense and the offender's role.

  • Totality Principle: Arguing that the cumulative sentence doesn't reflect the overall criminal behavior correctly.

Advanced Grounds for Appeal

Errors of Law

Includes incorrect interpretations or applications, such as:

  • Statutory Interpretation: Challenging interpretations of legal provisions.
  • Common Law Understanding: Arguing changes in legal principles relevant to past cases.

Errors of Fact

While generally reluctant, appellate courts can intervene when:

  • Perverse Verdicts: When a jury's decision defies the evidence presented.
  • Lurking Doubt: Rare instances where doubts about conviction safety exist.

Judicial Review in Criminal Proceedings

This process can challenge decisions within the criminal justice system:

  • Procedural Fairness: Addressing fairness concerns.
  • Ultra Vires Actions: Challenging actions beyond legal authority.

Example: Complex Fraud Case Appeal

Consider a scenario where a defendant is appealing both conviction and sentence for complex fraud charges to the Court of Appeal.

Grounds for Appeal Against Conviction

  1. Misdirection on Expert Evidence: Failure to guide the jury on complex evidence.

  2. Fresh Evidence: New information about a prosecution witness's undisclosed interests.

  3. Improper Admission of Character Evidence: Allowing prejudicial evidence with limited probative value.

Grounds for Appeal Against Sentence

  1. Misapplication of Sentencing Guidelines: Incorrect categorization under fraud sentencing rules.

  2. Failure to Consider Totality: Sentence not reflecting overall findings.

  3. Disregard of Mitigating Factors: Insufficient attention to factors like cooperation and restitution efforts.

Conclusion

A solid understanding of the appeals process is essential for SQE1 FLK2 exam success and future legal practices. Key points include:

  • Differentiating between appeals from Magistrates' and Crown Courts
  • Understanding grounds for appealing decisions
  • Knowing the significance of procedural rules and timelines
  • Appreciating the role of case law in appeals
  • Advanced topics like errors of law, fact, and judicial review

With this knowledge, aspiring solicitors can effectively manage criminal appeals and support justice system integrity.