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Supreme Court. Crown Court. High Court (QBD). Magistrates Court. Supreme Court. Court of Appeal. Crown Court. Supreme Court. Only if a) QBD states point of law of public importance & b) QBD or Supreme Court gives leave to appeal. - PowerPoint PPT Presentation
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High Court (QBD)Crown Court
Magistrates Court
Supreme Court
Court of Appeal
Crown Court
Supreme Court
High Court (QBD)Crown Court
Appeal against conviction/sentence
Case stated appeal (Point of Law)
D onlyn.b if D pleaded
guilty, can only appeal against
sentence
P or D
Magistrates Court
Supreme Court
Case stated appeal (Point of
Law)
Case reheard by a judge & 2 magistrates. Can reach same decision, reverse or vary within limits of magistrates’ powers
Panel of 2/3 High Court Judges hear evidence from Crown Court/Magistrates Court. No witnesses. May confirm, vary or remit (send back)
Only if a) QBD states point of law of public importance & b) QBD or Supreme Court gives leave to appeal
Court of Appeal
Appeal against conviction/ sentence
If judge gives ruling that effectively stops case
D
Must get leave to appeal from C of A or certificate from trial
judge: Criminal Appeal Act
1995: a) shall allow appeal against conviction if think it is unsafe and
b) dismiss if not
P
Crown Court
Supreme Court
Can quash conviction, vary to lesser offence, decrease sentence but cannot increase. Could order retrial (rare = 50/60 cases per year)
Against acquittal if: a) Jury nobbled b) New &
compelling Evidence
Refer a point of law (doesn’t affect case
but creates precedent)
Against sentence
Only if point of law of general public importance and leave to appeal from Supreme Court or CofA