Procedure for making an appeal

Introduction

An appeal in English law is a formal request for a higher court to review a decision made by a lower court. This process serves as an important safeguard, ensuring that justice is achieved by correcting errors of law or procedure that may have occurred during the initial trial. The procedure for making an appeal involves specific steps, strict time limits, and compliance with statutory requirements.

This article covers the procedures for appealing from both the Magistrates' Court and the Crown Court. It examines core principles, statutory provisions, and recent legal developments that shape the appellate process in the English legal system.

Core Principles of Appeals

Understanding the appeals process requires familiarity with several fundamental principles that support its operation:

1. Finality: The legal system values the finality of decisions to avoid indefinite litigation. However, the appeals process provides a mechanism to correct miscarriages of justice, balancing finality with fairness.

2. Admission of New Evidence: Appellate courts may consider fresh evidence under strict conditions, particularly if the evidence was not available during the original trial and could significantly impact the outcome. This is governed by Section 23 of the Criminal Appeal Act 1968.

3. Deference to Trial Court Findings: Trial courts are primarily responsible for assessing evidence and witness credibility. Appellate courts generally respect these findings of fact, focusing instead on legal or procedural errors.

4. Burden of Proof: The appellant bears the responsibility to demonstrate that the conviction is unsafe or that the sentence is unjust, effectively shifting the burden to prove that a significant error occurred.

Appeals from the Magistrates' Court

Types of Appeals

A defendant dissatisfied with a decision of the Magistrates' Court has several avenues of appeal:

1. Appeal Against Conviction: Challenges the guilty verdict on grounds such as errors in the evaluation of evidence or misapplication of the law.

2. Appeal Against Sentence: Contests the severity or appropriateness of the sentence imposed.

3. Case Stated Appeal: Involves appealing to the High Court on a point of law by requesting that the Magistrates' Court state a case for consideration.

Procedure for Appeal Against Conviction or Sentence

The process for appealing a conviction or sentence from the Magistrates' Court to the Crown Court involves several steps:

1. Notice of Appeal: The appellant must file a notice of appeal within 21 days of the sentencing or conviction decision, as stipulated by Section 108 of the Magistrates' Courts Act 1980.

2. Grounds of Appeal: The notice must specify whether the appeal concerns the conviction, the sentence, or both, and outline the grounds for the appeal.

3. Rehearing in Crown Court: The Crown Court conducts a complete rehearing of the case, effectively treating it as a new trial. This is provided for under Section 79 of the Senior Courts Act 1981.

4. Powers of the Crown Court: The Crown Court may confirm, vary, or reverse the original decision. However, it cannot impose a more severe sentence than that originally given by the Magistrates' Court.

Case Stated Appeals

A case stated appeal to the High Court focuses on points of law or jurisdiction:

1. Procedure: The appellant applies to the Magistrates' Court to state a case, setting out the legal question for the High Court's consideration.

2. Time Limit: This application must be made within 21 days of the decision.

3. High Court's Role: The High Court reviews the legal aspects of the case and can affirm, reverse, or amend the decision, or remit the case back to the Magistrates' Court with directions.

Appeals from the Crown Court

Appeals Against Conviction

When appealing a conviction from the Crown Court to the Court of Appeal, the following procedures apply:

1. Grounds for Appeal: Under Section 1 of the Criminal Appeal Act 1968, an appeal can be made if the conviction is considered unsafe due to errors in the trial process or new evidence.

2. Notice of Appeal: The appellant must file a notice of appeal within 28 days of conviction.

3. Single Judge Review: A single judge reviews the application to grant or refuse leave to appeal.

4. Court of Appeal's Powers: The Court of Appeal may quash the conviction, order a retrial, or dismiss the appeal.

Appeals Against Sentence

Appealing a sentence imposed by the Crown Court involves a similar process:

1. Grounds for Appeal: The sentence is challenged as being manifestly excessive or wrong in principle.

2. Procedure: The notice of appeal must be filed within 28 days of sentencing.

3. Court of Appeal's Powers: The court can reduce or vary the sentence but cannot increase it upon the appellant's request.

Judicial Review and Case Stated Appeals

While less common from the Crown Court, judicial review and case stated appeals are possible in certain circumstances:

1. Judicial Review: Challenges administrative decisions or actions of the court that may be unlawful, irrational, or procedurally improper.

2. Case Stated Appeal: Requests the High Court to consider a legal question arising from the Crown Court's decision.

Recent Legal Developments

R v Jogee [2016] UKSC 8

This significant case reshaped the law on joint enterprise:

• Change in Law: The Supreme Court overruled previous authority, holding that mere foresight of a crime does not equate to intent for the purposes of secondary liability.

• Implications for Appeals: Defendants convicted under the old law may seek to appeal but must demonstrate a "substantial injustice," a high threshold established by the court.

• Application to Out-of-Time Appeals: The stringent requirement of proving substantial injustice limits the number of successful appeals based on this change.

R v Hunter and Others [2015] EWCA Crim 631

This case provided guidance on the admission of fresh evidence:

• Pendleton Principle: The court reaffirmed that it must consider whether the new evidence might have affected the jury's verdict.

• Critical Appraisal: Emphasized the court's duty to critically evaluate the potential impact of the fresh evidence on the safety of the conviction.

Practical Examples

Example 1: Appeal from the Magistrates' Court

Suppose Alice is convicted in the Magistrates' Court for a public order offence and sentenced to a fine and community service. She believes the decision was unjust due to a misunderstanding of key evidence.

Procedure:

• Filing the Appeal: Alice submits a notice of appeal within 21 days, stating her intention to appeal both the conviction and the sentence.

• Rehearing: The Crown Court schedules a rehearing, where the case is heard afresh. Alice presents her evidence and calls witnesses anew.

• Outcome: The Crown Court reviews the evidence and may decide to uphold the conviction, quash it, or vary the sentence, but cannot impose a harsher penalty than originally given.

Example 2: Appeal from the Crown Court

Consider David, who is convicted in the Crown Court of aggravated burglary and sentenced to eight years in prison. Subsequently, new evidence surfaces indicating a key witness may have fabricated their testimony.

Procedure:

• Notice of Appeal: David files a notice of appeal within 28 days, citing the fresh evidence as grounds.

• Single Judge Review: A judge reviews the application and grants leave to appeal due to the significance of the new evidence.

• Court of Appeal Hearing: The court examines whether the fresh evidence renders the conviction unsafe.

• Possible Outcomes: The Court of Appeal may quash the conviction, order a retrial if it serves the interests of justice, or dismiss the appeal.

Conclusion

The appeals procedure in English law is complex, involving detailed interactions between statutory provisions, case law interpretations, and procedural rules. Appellants must meet stringent requirements, such as demonstrating that a conviction is unsafe due to legal errors or that fresh evidence meets the criteria under Section 23 of the Criminal Appeal Act 1968. The principles established in landmark cases like R v Jogee necessitate a thorough understanding of how changes in legal doctrine impact the grounds and prospects of an appeal.

Key technical principles, such as the deference appellate courts give to trial court findings and the burden on appellants to prove significant errors, shape the appellate process. The balance between finality and fairness is delicate, and the courts strive to correct miscarriages of justice without undermining the stability of legal decisions.

Understanding the precise procedural requirements is essential. Compliance with strict time limits, proper formulation of grounds of appeal, and adherence to procedural rules are critical for an appeal to be considered. The appellate courts' powers—to quash convictions, order retrials, or vary sentences—are exercised within the frameworks established by statute and precedent.

The appeals process is not merely a review but a sophisticated legal undertaking that requires meticulous preparation and deep legal knowledge. Proficiency in these procedures enables effective engagement with the appellate system, ensuring that legal challenges are presented cogently and in accordance with the law.