Appeal to: • Court of Appeal (Criminal Division) against conviction/sentence • A conviction will be overturned if it is considered to be unsafe (s2 Criminal Appeal Act 1968).
Chapter 1 Introduction and General Principles
The Prosecution can appeal to the Court of Appeal against termination or evidential rulings. An example of a termination ruling is where there has been a finding of ‘no case to answer’.
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The Attorney-General can appeal to the Court of Appeal against unduly lenient sentences (s36 Criminal Justice Act 1988). The Director of Public Prosecutions may apply to the Court of Appeal for a second retrial in serious crimes where there is new and compelling evidence of guilt and it is in the interests of justice (s79 Criminal Justice Act 2003).
Court of Appeal • Either the Prosecution or defendant can appeal from the Court of Appeal to the Supreme Court on a point of law of public importance where leave is first obtained from either the Court of Appeal or the Supreme Court. • The Home Secretary can refer alleged miscarriages of justice to the Criminal Cases Review Commission which can then refer cases to the Court of Appeal (s11 Criminal Appeal Act 1995). • Referrals by the Attorney-General on a point of law.
1.5
The Criminal Trial • 1.5.1 From Arrest to Trial • 1.5.2 The Adversarial System • 1.5.3 The Inquisitorial System • 1.5.4 Distinction between Criminal and Civil Proceedings • 1.5.5 Functions of Judge and Jury
1.5.1
From Arrest to Trial
Here are the major steps in the pre-trial and trial process for indictable offences: • Arrest: – an arrest can be made for any offence no matter how minor on the grounds of suspected involvement and reasonable suspicion: s24 PACE 1984 – by warrant – for offences carrying a power of arrest, eg breach of the peace • Police Station: detention, questioning and charge • Crown Prosecution Service: decision to prosecute • Magistrates’ court: first appearance—applications for bail/legal aid • Remand in custody if bail refused • Case sent to Crown Court • Plea and case management hearing • Pre-trial and preparatory hearings
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