Appeals procedure - Procedure for appealing conviction and/or sentence

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Overview

The appeals process is vital in criminal justice, preventing wrongful convictions and maintaining judicial standards. For SQE1 FLK2 candidates, understanding criminal appeals is essential for effective advocacy and exam performance. This guide covers the procedures for appealing convictions and sentences, detailing key legal concepts, practical tips, and exam strategies.

Appeals from Magistrates' Court to Crown Court

Scope and Jurisdiction

Defendants can appeal convictions or sentences from the magistrates' court to the Crown Court, as outlined by the Magistrates' Courts Act 1980 and Criminal Procedure Rules.

Conviction Appeals

  • Complete rehearing of the case
  • All evidence reconsidered
  • Witnesses re-examined and cross-examined
  • Crown Court judge and two magistrates review legal and factual matters

Sentence Appeals

  • Evaluation of magistrates' decision
  • Consideration of sentence fairness and adherence to guidelines
  • New circumstances influencing sentencing assessed

Procedural Steps

  1. Notice of Appeal: File within 21 days of the magistrates' court decision
  2. Grounds for Appeal: Clarify whether challenging conviction, sentence, or both
  3. Crown Court Hearing: New hearing, prosecution must prove the case again
  4. Potential Outcomes:
    • Appeal dismissed, original decision upheld
    • Appeal allowed, conviction overturned
    • Sentence modified (can be increased or decreased)

Legal Considerations

The principle of "autrefois convict" applies: if a conviction appeal succeeds, the appellant cannot face a retrial for the same offense due to double jeopardy.

Appeals to the High Court

Case Stated Procedure

Appeals by way of case stated focus on legal errors by magistrates' courts or the Crown Court.

Key Features

  • Concentrate on legal points or jurisdictional issues, not factual disputes
  • Lower court submits a case for High Court review

Grounds for Appeal

  1. Misinterpretation of statutes
  2. Incorrect application of legal principles
  3. Court acting beyond its authority

Strategic Considerations

  • Develop precise legal questions for High Court evaluation
  • Present thorough legal arguments with relevant case law and statutes
  • Prepare for potential counterpoints

Appeals from Crown Court to Court of Appeal

Conviction Appeals

Under the Criminal Appeal Act 1968, appeals to the Court of Appeal (Criminal Division) mainly address convictions perceived as "unsafe."

Grounds for Appeal

  1. Serious procedural flaws
  2. Misguidance on legal issues by the trial judge
  3. Admission of improper evidence or omission of admissible evidence
  4. Availability of new evidence

The "Substantial Injustice" Test

Used in cases of legal changes, as established in R v Jogee [2016] UKSC 8 and further clarified in R v Johnson & Others [2016] EWCA Crim 1613.

Sentence Appeals

Focus on sentences deemed "excessive" or "incorrect in principle."

Procedural Steps

  1. Request for permission (from the trial judge or a single Court of Appeal judge)
  2. Full court hearing (panel of three judges)
  3. Possible outcomes:
    • Appeal rejected
    • Conviction overturned and retrial ordered
    • Conviction replaced with a different offense
    • Sentence adjusted (generally not increased unless specific conditions are met)

Time Limits and Extensions

  • Notice of appeal must be filed within 28 days of conviction or sentence (Criminal Appeal Act 1968, s.18)
  • Extensions possible if justified, but strict criteria apply

Prosecution Appeals

Prosecution appeals are more restricted but include:

Terminating Rulings

Appeals against rulings that effectively end the case (e.g., stays, no case to answer)

Evidentiary Rulings

Appeals against certain evidence decisions that seriously undermine the prosecution

Unduly Lenient Sentences

Attorney General's Reference procedure for reviewing overly lenient sentences:

  • Applies to cases tried on indictment
  • 28-day window for application from sentencing
  • Court of Appeal may increase sentences found too lenient

Case Studies and Examples

Example 1: Appeal Against Conviction - Fresh Evidence

R v Pendleton [2001] UKHL 66

  • Addressed fresh evidence in conviction appeals
  • Key point: Court must consider if new evidence might have influenced the jury's decision
  • Main question: Is the conviction reliable, not whether the Court of Appeal would have convicted

Example 2: Sentence Appeal - Application of Guidelines

R v Guthrie [2019] EWCA Crim 1300

  • Assessed improper use of sentencing guidelines in a manslaughter case
  • Highlighted the importance of correct offense classification within the guidelines
  • Balanced guideline adherence with judicial discretion

Key Legal Concepts

Unsafe Conviction

  • Definition: Real doubt about trial fairness or verdict reliability
  • Factors include procedural mistakes, new evidence, or legal changes
  • High standard: Error or new evidence likely changed the verdict

Unduly Lenient Sentence

  • Criteria: Sentence does not adequately reflect offense seriousness
  • Considers harm, criminal history, and established guidelines
  • Stresses the balance between crime and punishment

Conclusion

Understanding the criminal appeals process is essential for SQE1 FLK2 candidates and future practitioners. Understanding procedures from magistrates' court to Court of Appeal, knowing key legal principles like "unsafe conviction" and "unduly lenient sentence," and applying strategic thinking in different appeal contexts are vital. This knowledge not only prepares candidates for successful exams but also equips them for advocating against unjust convictions and sentences. As legal standards change, staying informed on appeals procedures is essential for all criminal law practitioners, ensuring the pursuit of justice and fairness in our legal system.