Criminal Courts And Criminal Process: Appeals (Copy)

1.2.3 Criminal Courts and Criminal Process

Appeals in Criminal Cases

Introduction

• The criminal appeals system provides a structured mechanism for reviewing convictions and sentences to ensure fairness and justice.
• Appeals safeguard against judicial error, procedural unfairness, and miscarriages of justice.
• The appeal structure depends on whether the case originates in the Magistrates’ Court or the Crown Court.
• Appeals proceed through the Court of Appeal (Criminal Division) and, in exceptional cases, to the Supreme Court.

Appeals from Magistrates’ Court

1. Appeal to the Crown Court
   • Available to defendants who pleaded not guilty and were convicted, or who wish to challenge sentence.
   • Heard by a Circuit Judge and two magistrates (not the same ones from the original trial).
   • Retrial of the case:
     • Can confirm, reverse, or vary the decision.
     • Sentence can be reduced or increased (within Magistrates’ powers).
   • Example: If convicted of common assault in Magistrates, appeal may result in reduced fine or acquittal.
2. Case Stated Appeal to Queen’s Bench Divisional Court (High Court)
   • Available to prosecution or defence on a point of law or jurisdiction.
   • Magistrates “state the case” by outlining facts and legal basis for decision.
   • High Court reviews legality, not facts.
   • Case Example: Paul v DPP (1989) – case stated appeal clarified meaning of public order offences.
3. Judicial Review (High Court)
   • Used where Magistrates or Crown Court (on appeal) acted outside their powers or unlawfully.
   • Remedy for abuse of process or breach of natural justice.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Appeals from Crown Court

1. Appeal Against Conviction (Court of Appeal – Criminal Division)
   • Defendant can appeal if conviction is unsafe.
   • Must obtain leave to appeal from trial judge or Court of Appeal.
   • Grounds:
     • Misdirection of law by judge.
     • Procedural irregularity.
     • Fresh evidence (if it could not reasonably have been produced at trial).
   • Case Example: R v Cooper (1969) – conviction quashed as unsafe due to unreliable evidence.
2. Appeal Against Sentence (Court of Appeal)
   • Defendant may appeal sentence if it is manifestly excessive or wrong in principle.
   • Court may reduce sentence.
   • Prosecution can appeal against sentence if it is unduly lenient (Criminal Justice Act 1988).
   • Case Example: Attorney-General’s Reference (No. 4 of 1989) – clarified principles for prosecution appeals against lenient sentences.
3. Appeal to the Supreme Court
   • Further appeal possible only if:
     • Case involves a point of law of general public importance, AND
     • Either the Court of Appeal or the Supreme Court grants leave.
   • Case Example: R v Jogee (2016) – Supreme Court overruled 30 years of law on joint enterprise, showing significance of appeals to the highest court.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Criminal Cases Review Commission (CCRC)

• Independent body established under the Criminal Appeal Act 1995.
• Reviews alleged miscarriages of justice.
• Can refer cases back to the Court of Appeal if there is a real possibility conviction or sentence is unsafe.
• Case Example: Birmingham Six convictions referred and quashed due to police misconduct and unreliable evidence.

Comparative Overview

Evaluation of Criminal Appeals

Strengths

• Protects against miscarriages of justice.
• Ensures development and clarification of law (e.g., Jogee).
• Multiple routes of appeal enhance fairness.
• Permission requirements filter out weak or frivolous appeals.

Weaknesses

• Process can be slow and costly.
• Limited legal aid reduces accessibility.
• Appeal courts reluctant to interfere with jury verdicts unless “unsafe,” leading to some injustices.
• Complexity of routes confuses unrepresented defendants.

Conclusion

• The appeal system in criminal cases balances fairness, certainty, and finality.
• From Magistrates’ Court to the Supreme Court, defendants and prosecution have opportunities to challenge unsafe convictions or unfair sentences.
• Bodies like the CCRC strengthen protection against miscarriages of justice, ensuring confidence in the criminal justice system.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course