Appeals procedure - Procedure for making an appeal

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Overview

The appeals process is vital in the English legal system, ensuring fairness and correcting errors in decisions. For SQE1 FLK2 exam candidates, having a strong understanding of appeals procedures is important for demonstrating analytical skills and legal knowledge. This article examines appeals from Magistrates' and Crown Court convictions, highlighting essential procedures and recent developments important for exam success and legal practice.

Essential Principles of Appeals

Before exploring specific procedures, it's important to understand the fundamental principles of the appeals process:

  1. Finality: Courts balance justice with avoiding endless litigation.
  2. New Evidence: Appellate courts may accept new evidence under strict conditions as per Section 23 of the Criminal Appeal Act 1968.
  3. Trial Court Decisions: Appellate courts often respect the factual findings of trial courts while focusing on legal and procedural issues.
  4. Proof Requirements: Appellants must prove their conviction is unsafe or the sentence is excessive or flawed.

Appeals from the Magistrates' Court

Types of Appeals

  1. Against Conviction: Challenges guilt based on legal or factual errors.
  2. Against Sentence: Questions the sentence's fairness or legality.
  3. Case Stated: Concentrates on legal points or jurisdiction.

Procedure for Appeal Against Conviction or Sentence

  1. Notice of Appeal: Must be filed within 21 days of the magistrates' court decision (Section 108, Magistrates' Courts Act 1980).
  2. Grounds: Specifies whether issues are factual or legal.
  3. Rehearing: Appeals are entirely reheard in the Crown Court (Section 79, Senior Courts Act 1981).
  4. Crown Court Powers: The court may dismiss, quash, or modify the decision—without increasing the sentence beyond initial limits.

Case Stated Appeals

  1. Procedure: Application to the magistrates' court to pose a legal question to the High Court.
  2. Time Limit: Must apply within 21 days of the decision.
  3. High Court Powers: Can affirm, reverse, or alter the decision, or resend the case with guidance.

Appeals from the Crown Court

Conviction Appeals

  1. Grounds: Must show the conviction is "unsafe" (Section 2, Criminal Appeal Act 1968).
  2. Procedure:
    • Request for appeal within 28 days of conviction.
    • A judge reviews the application.
    • If denied, the applicant can appeal to the full Court of Appeal.
  3. Court of Appeal Powers: Can dismiss, quash, or order a retrial.

Sentence Appeals

  1. Grounds: Argues the sentence is excessive or incorrect.
  2. Procedure: Mirrors conviction appeals, stressing sentencing guidelines.
  3. Court of Appeal Powers: Can dismiss or alter the sentence (including increasing it).

Judicial Review and Case Stated Appeals

  1. Judicial Review: Challenges decisions on legal, rationality, or procedural errors.
  2. Case Stated: Rare in Crown Court, owing to direct appeals to the Court of Appeal.

Recent Legal Developments

R v Jogee [2016] UKSC 8

This landmark case redefined joint enterprise law:

  1. Removed "parasitic accessorial liability."
  2. Made foresight an indicator, not proof, of intent.
  3. Set a high bar for out-of-time appeals, requiring proof of "substantial injustice."

R v Hunter and Others [2015] EWCA Crim 631

Clarified fresh evidence appeals:

  1. Reiterated the Pendleton principle for evaluating new evidence's impact on verdicts.
  2. Highlighted that appellate courts must independently assess new evidence.

Examples and Applications

Example 1: Magistrates' Court Appeal

Sarah is convicted of assault and sentenced to 3 months. She appeals the conviction and sentence in the Crown Court.

Procedure:

  1. Sarah files her appeal within 21 days, outlining her reasons.
  2. The Crown Court re-examines all evidence.
  3. The court can uphold or overturn the decision or adjust the sentence, not exceeding original limits.

Key Points:

  • A fresh hearing offers Sarah a new chance to present evidence.
  • The Crown Court's decisions are constrained by the magistrates' court's limits.

Example 2: Crown Court Appeal

John is convicted of fraud and sentenced to 5 years. New evidence of possible witness perjury arises.

Procedure:

  1. John applies for an appeal citing the new evidence.
  2. A judge reviews the request; if denied, John can present his case to the full Court of Appeal.
  3. If accepted, the court evaluates how the fresh evidence impacts the conviction.

Key Points:

  • The Court of Appeal decides if the new evidence could have swayed a jury.
  • A quashed conviction can lead to a retrial, considering public interest and fairness.

Conclusion

Understanding the appeals process is important for SQE1 FLK2 exams and legal practice. Key takeaways include:

  1. Different procedures for magistrates' and Crown Court appeals.
  2. Importance of timely filing and clear grounds for appeal.
  3. The scope of appellate courts' authority.
  4. How recent case law influences appeal practices.
  5. Balancing justice correction with finality in decisions.

With this knowledge, candidates can effectively tackle criminal appeals in exams and practice.