2. Thinking:
What is the point in having an appeal system?
… if you are a defendant?
…if you are the prosecution?
3. Introduction:
What do you already know?
If you are convicted in the
Crown Court, which court
do you appeal to?
Which court hears the
least appeals, and has the
final say?
Name two things D might
want to appeal against.
If D pleads guilty. What will
he not be able to appeal
against?
1 Mark
1 Mark
1 Mark
1 mark
Why might the prosecution
want to appeal?
What is double jeopardy?
What can happen to an
appeal?
What was the prosecution
appealing against in
KINGSTON, when it went to
the HL?
2 marks
2 marks
2 marks
2 Marks
Which court will you not
go to if convicted of a
summary offence?
What risk is there in
appealing a sentence?
What can’t the appeal
court do to your
conviction?
Who has to complain
about a lenient sentence?
3 marks
3 marks
3 marks
3 marks
4. …now can you apply the law?
In each of the cases in your pack, one side wanted to appeal.
Can you work out which side, on what grounds and to which court?
Challenge:
Can you use the correct
terminology in explaining your
conclusions?
5. Starter…
Linking your knowledge
All of these are cases you
have met elsewhere on the
course, or in independent
study.
1
2
All of you should be able
to name the case or the
facts.
Most of you should be
able to tell me the
grounds of appeal.
Some of you may be able
to tell me which is the odd
one out and why!
3
6
5
4
9. DPP v Smith 2006
The defendant's ex-girlfriend went round to his house whilst he was asleep in bed. She went up to his bedroom and woke him up. He pushed
her down on to the bed, sat on top of her and cut off her hair which was in a pony tail. The defendant was charged with assault occasioning
actual bodily harm under s.47 of the Offences Against the Person Act 1861. The Magistrates held that there was no case to answer in relation
to the charge under s.47, as cutting of hair itself did not constitute ABH. The prosecution appealed
Advise the prosecution on their rights of appeal
Terminology:
By way of case stated.
Affirm
Quash
Summary trial
10. R v Hancock and Shankland 1985
The appellants were convicted of murder for the death of a taxi driver. The appellants were miners on strike. They wanted to block the road to
the mine to prevent works breaking the picket line. They had dropped lumps of concrete and a post from a bridge on to the carriageway below
as the convoy of workers approached. The taxi was struck by two lumps of concrete resulting in death of the driver. The prosecution contended
that the appellants conduct meant that they intended nothing less than serious bodily harm. The appellants argued they only intended to block
the road and no harm was intended to result from the actions.
Advise the defence on their rights of appeal
Terminology:
Leave
Point of law of general
public importance
Affirm
Quash
Indictable trial
11. R v Harmer 2007
V, 11, was beaten, repeatedly stabbed and dumped in a park in Bury, Greater Manchester, on 1 March 2006.
D, who was 14 at the time of the attack, pleaded guilty to murder at the start of his trial at Manchester Crown Court.
Hamer was told that he would serve a minimum of 12 years before being eligible for parole.
Advise both the defence and the prosecution on their rights of appeal
Terminology:
Leave
Lenient
Sentencing
Affirm
Quash
Indictable trial
12. So can you identify the word?
Challenge: what does it mean?
13. Introduction:
Can you summarise to which court, and on what grounds you
would advise D to appeal
Challenge: can you spot the ‘but’ for each?
14. Supreme Court
They are the supreme appellate court for England and Wales
They sit in groups of
or
or
.
They can only hear appeals on points of law of general public importance
You will need leave to appeal here.
They may quash, affirm or vary the conviction
Of
applications
They heard
appeals last year,
were granted leave last year
were criminal cases
15. Court of Appeal
Criminal Division
Can quash, dismiss, confirm, order a re-trial, vary the sentence.
Procedure for
appealing:
How many appeals?
Should be lodged within 14
days
Firstly, goes to a single judge of
the CA…
If they refuse leave, then D can
ask the full court for permission
Sentence
D’s plea at first instance:
Reason for appeal:
Does D need leave?
Consequences
‘unsafe’
The only grounds under which a
conviction may be quashed by the court
s.2 Criminal Appeal Act 1968
Point of Fact
D’s plea at first instance:
Reason for appeal:
Does D need leave?
Consequences
Point of Law
D’s plea at first instance:
Reason for appeal:
Does D need leave?
Consequences
16. What about the prosecution’s right of appeal?
Lenient Sentences
Criminal Justice Act 1988
Attorney General’s Reference
Criminal Justice Act 1972
Point of Law
Jury Nobbling
Criminal Procedure and Investigations Act 1996
Retrial for D who has already been acquitted
s.75 Criminal Justice Act 2003
17. Criminal Cases Review Commission:
Criminal Justice Act 1995
Watch the enclosed short video about the operation of the
Criminal Cases Review Commission.
Be prepared to answer the following questions:
What are the two grounds under which the commission may investigate?
What are the criteria for a review?
Who can apply?
What are the grounds for sending it back to the CA?
What is their success rate
18. Queen’s Bench Division
From:
Heard by:
Powers: Confirm, reverse,
vary
or remit back to
Magistrates with the
opinion of the court.
Type of appeal?
By whom?
19. Crown Court
Appealing from
court “by way of case stated”
Only
may appeal here
It is heard by a judge and 2
magistrates
They will be appealing on the grounds
of
or
If it is an appeal against conviction,
then it equates to a retrial.
Only a very small amount of D appeal
against conviction each year.
Powers: confirm, reverse, vary
sentence, remit to
Magistrates with advice
20. Introduction
Define the key term of the question,
origin and reason for having it
Main
Ensure that you cover at least 6 areas,
and are able to explain and add detail to
each:
e.g. what it includes,
the statute covering it, a linked case.
Conclusion
Sum up the topic in no more than one
sentence, or include a critical comment.
Subheading/Point/Area
Means/explanation/detail
Example/Cases/Illustration
Be precise and accurate
Remember to explain it rather than state!
21. Main
Ensure that you cover at least
5 points, and are able to
explain and add detail to
each:
Remember to use the
defendant’s name and fully
explain the point.
Conclusion
Sum up the most likely routes and
your conclusions.
Point
Means/explanation/detail
Be precise and accurate
Link back to facts of
question
Remember to use D’s name!
22. Consolidation
Answer the question!
A
B
C
Evaluate whether the rule change on double jeopardy is fair in
the interests of justice.
Explain two grounds under which P may want to appeal.
Describe what is meant by an “appeal by way of case stated”
D
State what powers an appellate court has.
E
Identify which courts D may appeal to from the Magistrates’
court
