Appeal Routes in the Crown Court
TITLE
Describe the routes of appeal open to both prosecution and defence against conviction and sentence in the Crown Court. Assess the effectiveness of this process in achieving justice.
ESSAY
Routes of Appeal in the Crown Court
Introduction: In the English legal system, both the prosecution and the defense have avenues of appeal available to challenge convictions and sentences in the Crown Court. This essay will examine the routes of appeal open to both parties and assess the effectiveness of this process in achieving justice.
Defense Appeals
Conviction: The Criminal Appeal Act 1995 provides the primary route of appeal for defendants challenging their convictions in the Crown Court. Defendants can apply for leave to appeal from the Court of Appeal (CA) on the grounds that their conviction is unsafe.
New Evidence: In cases where new evidence comes to light, the defendant may have a stronger chance of having their appeal granted. The Human Rights Act 1998 also plays a role in allowing the defendant to appeal convictions that may violate their human rights.
Appeal Outcomes: If the CA finds in favor of the defendant, they may quash the conviction entirely, vary the conviction, uphold the conviction, reduce the sentence, or in some cases, order a retrial. The double jeopardy rules, which once prevented a defendant from being tried for the same offense twice, have been modified in certain circumstances.
Prosecution Appeals
Acquittal: The prosecution can appeal against acquittals in limited circumstances, such as when there is evidence of jury tampering or if new and compelling evidence comes to light. The Criminal Justice Act 2003 allows for such appeals in cases of serious offences, while the double jeopardy rule has been removed for certain situations.
Points of Law: The prosecution can also refer a point of law to the CA under the Attorney General’s Reference provisions of the Criminal Justice Act 1972. Appeals against lenient sentences can be made under s36 of the Criminal Justice Act 1988.
Further Appeal to Supreme Court
Both the prosecution and defense have the option to appeal further to the Supreme Court (SC) if the case involves a point of law of general public importance. However, leave must be obtained to pursue an appeal in the SC.
Assessment of Effectiveness
Challenges for Defendants: Obtaining leave to appeal can be challenging for defendants, and even when granted, few appeals are ultimately successful. Difficulties may arise in arranging an appeal, particularly if the defendant is in prison or has limited financial means. Retrials have become more common in recent years.
Prosecution Appeals: On the prosecution side, there has been an increase in appeals regarding lenient sentencing. In general, the appeals process serves as a mechanism within the legal system to ensure that justice is upheld and that both sides have the opportunity for a fair hearing.
Conclusion
The routes of appeal available to both the prosecution and the defense in the Crown Court play a critical role in the pursuit of justice. While there are challenges and limitations to the appeals process, it ultimately serves as a safeguard against potential miscarriages of justice and allows for a second review of key legal issues. The effectiveness of the appeals system in achieving justice is evident in its ability to address errors in decision💥making and to provide an avenue for redress for both parties involved in criminal proceedings.
SUBJECT
LAW
PAPER
A level and AS level
NOTES
Routes of appeal open to both the prosecution and defence against conviction and sentence in the Crown Court are through various legal mechanisms. The Criminal Appeal Act 1995 governs these avenues of appeal.
For the defendant, appeals can be made on grounds of challenging the conviction or the sentence imposed. The Court of Appeal (CA) can grant leave to appeal, which is allowed if the conviction is deemed unsafe. The Human Rights Act of 1998 also plays a role in this process. In cases where new evidence has emerged, the CA has the authority to allow the appeal, leading to the quashing of the conviction, varying the conviction, upholding the conviction, reducing the sentence, or ordering a retrial. Double jeopardy rules, which prevent a person being tried again for the same crime after being acquitted, are also considered in this process.
On the other hand, the prosecution can appeal against acquittal only in specific circumstances such as cases of jury tampering or the presentation of new and compelling evidence. The Criminal Justice Act 2003 allows for appeals against acquittals of serious offences under certain conditions. Additionally, the prosecution can refer a point of law to the Court of Appeal under the Attorney General’s Reference Criminal Justice Act 1972 and appeal against lenient sentences under section 36 of the Criminal Justice Act 1988.
Both the prosecution and defence can further appeal to the Supreme Court (SC) if the case is certified to involve a point of law of general public importance, with permission granted.
In evaluating the effectiveness of this process in achieving justice, it is noted that obtaining leave for appeal can be challenging for the defendant, leading to a limited number of successful appeals even when leave is granted. Difficulties may arise in arranging an appeal for incarcerated individuals or those with limited financial resources. Retrials have become more common.
For the prosecution, there has been an increase in appeals concerning lenient sentencing. Overall, the appeal system serves as a mechanism within a just legal system to allow for a second hearing and can contribute to the pursuit of justice.