Appeals procedure - Powers of the Court of Appeal

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Overview

The Court of Appeal (Criminal Division) is a key player in the English legal system, acting as a safeguard against wrongful convictions and ensuring fair criminal proceedings. For those preparing for the SQE1 FLK2 exam, a clear understanding of the Court's powers is essential. This article examines the Court of Appeal's authority in reviewing convictions and sentences, the legal principles guiding its decisions, and the practical considerations for legal practitioners.

Legal Framework and Jurisdiction

The Court of Appeal's authority comes from the Criminal Appeal Act 1968, along with amendments from later legislation. Key provisions include:

  1. Section 2(1) Criminal Appeal Act 1968: Explains the grounds for overturning convictions.
  2. Section 11 Criminal Appeal Act 1968: Details the Court's powers in sentence appeals.

The Court's jurisdiction is limited to appeals from the Crown Court, whereas appeals from magistrates’ courts usually go to the Crown Court first, with a possible further appeal to the High Court on legal grounds.

Appeals Against Conviction

The main task of the Court of Appeal in conviction appeals is to assess whether a conviction is "unsafe." This concept has developed since the Criminal Appeal Act 1968 and is shaped by judicial interpretation.

The "Safety" Test

The Court applies the "safety" test established in R v Graham [1997] 1 Cr App R 302. A conviction is deemed unsafe if:

  1. There is serious doubt about the verdict's reliability.
  2. A significant legal or procedural error occurred during the trial.
  3. New evidence emerges that challenges the conviction's validity.

Powers of the Court in Conviction Appeals

In appeals against conviction, the Court of Appeal can:

  1. Quash the conviction: Deemed unsafe, the conviction will be overturned under Section 2(1) of the Criminal Appeal Act 1968.
  2. Order a retrial: A retrial can be ordered under Section 7 if justice necessitates it.
  3. Dismiss the appeal: If the conviction is found safe, the appeal will be dismissed under Section 2(1) of the Act.

Fresh Evidence

Section 23 of the Criminal Appeal Act 1968 addresses fresh evidence in appeals. The Court considers:

  1. Believability of the evidence.
  2. Whether it provides a basis for allowing the appeal.
  3. A reasonable excuse for not presenting it at trial.
  4. Admissibility of the evidence.

The case of R v Pendleton [2001] UKHL 66 established that the Court should consider if the new evidence might have reasonably affected the jury's verdict.

Appeals Against Sentence

The Court of Appeal's powers in sentence appeals require careful analysis by SQE1 FLK2 candidates.

Grounds for Appeal

Sentences can be appealed if they are:

  1. Legally incorrect.
  2. Flawed in principle.
  3. Unduly harsh.

Powers of the Court in Sentence Appeals

Under Section 11 of the Criminal Appeal Act 1968, the Court of Appeal can:

  1. Quash the original sentence and impose a different one.
  2. Increase the sentence if it was unduly lenient (as referred by the Attorney General).
  3. Dismiss the appeal if the original sentence is deemed appropriate.

Principles Governing Sentence Appeals

Important principles include:

  1. Totality: Ensuring the overall sentence is fair and balanced for multiple offences.
  2. Proportionality: Reflecting the seriousness of the offence and the offender's responsibility.
  3. Parity: Aligning with sentences given in similar cases.

The Court also considers sentencing guidelines and any changes in law or practice since the sentence was imposed.

Case Studies

Case Study 1: R v Jogee [2016] UKSC 8

This Supreme Court decision showcases the Court of Appeal's response to legal changes. The ruling revised the joint enterprise doctrine, prompting numerous conviction appeals.

Key aspects:

  • Showing "substantial injustice" is required for untimely appeals post-Jogee.
  • The likelihood that the law change would have affected the outcome is important.
  • The nature of the crime and the defendant’s involvement are significant factors.

Case Study 2: Unsafe Conviction and Retrial - R v Jones

John Jones was convicted of assault with intent to cause grievous bodily harm. Post-trial, his defense found the prosecution’s key video was altered. Recognizing this potential impact, the Court of Appeal quashed the conviction as "unsafe" and ordered a retrial.

Case Study 3: Sentence Adjustment - R v Smith

Mary Smith, convicted of theft, was sentenced to three years in prison. On appeal, it was argued that the sentencing judge overlooked her mental health and clean record. The Court of Appeal, reviewing guidelines and mitigating factors, reduced her sentence to two years.

Common Misconceptions

Clearing up misunderstandings about the Court of Appeal’s powers and process is important:

  1. Appeals aren’t automatically granted; appellants must show a legal mistake or irregularity.
  2. The Court doesn't retry cases; it evaluates the lower court's decision.
  3. Appeals need specific legal bases, not just dissatisfaction with the outcome.

Judicial Review and the Court of Appeal

Though not central to criminal jurisdiction, understanding how the Court of Appeal’s decisions interact with judicial review is vital for SQE1 FLK2 candidates:

  1. Decisions may be reviewed judicially in exceptional cases, usually involving procedural faults.
  2. The Court of Appeal doesn’t conduct judicial reviews; the Administrative Court handles this.
  3. Judicial review examines the legality and process, not the verdict itself.

Conclusion

A solid understanding of the Court of Appeal’s powers is essential for the SQE1 FLK2 exam and legal practice. The Court's role in preventing miscarriages of justice, interpreting legal principles, and maintaining sentencing fairness is vital to the criminal justice system. Key takeaways include:

  1. The Court’s main function is to assess the safety of convictions and appropriateness of sentences.
  2. It can overturn convictions, order retrials, and modify sentences.
  3. New evidence and legal changes can significantly influence appeals.
  4. Totality, proportionality, and parity are key in sentence appeals.
  5. Distinguishing between appeals and judicial review is important.

By becoming familiar with these areas, future solicitors will be prepared to handle appellate procedures and advise clients on appeals.