Appeals and Appellate Courts (OCR A-Level Law): Revision Notes
Appeals and Appellate Courts
The criminal justice system in England and Wales includes comprehensive appeal routes that allow defendants to challenge decisions made against them, and in limited circumstances, the prosecution can also appeal. Understanding these routes is essential for comprehending how the criminal courts system operates and ensures fairness in the administration of justice.
The appeals system serves a dual purpose: it protects individuals from wrongful conviction or excessive punishment while also allowing the law to develop through clarification of legal principles. This balance between individual justice and legal certainty is a cornerstone of the English and Welsh criminal justice system.
Appeals from the Magistrates' Court
When a defendant is convicted or sentenced in the Magistrates' Court, they have two possible routes of appeal depending on the nature of their complaint.
Appeal to the Crown Court
This is the primary route for defendants who wish to challenge their conviction or the sentence imposed upon them.
Who can appeal? Only the defendant has the right to use this route. The prosecution cannot appeal through this mechanism.
Grounds for appeal: A defendant may appeal against their conviction (if they believe the decision was wrong), their sentence (if they believe it was too harsh), or both. This flexibility allows defendants to challenge different aspects of the Magistrates' Court decision.
Panel Composition
The appeal is heard by a panel consisting of a Circuit Judge sitting with two magistrates. This composition combines professional judicial expertise with lay participation, reflecting the mixed nature of the criminal justice system.
Possible outcomes: The Crown Court has several options when deciding the appeal. It may quash the conviction or sentence (meaning it is set aside and no longer valid), confirm the original decision (upholding what the Magistrates' Court decided), or remit the case back to the Magistrates' Court for reconsideration.
Limited Further Appeals
Generally, there is no further right of appeal from this Crown Court decision. However, there is a limited exception: if a point of law arises, it may be possible to appeal to the Queen's Bench Divisional Court. Beyond this, a further appeal to the Supreme Court might be available in exceptional circumstances.
Case stated appeal to the Queen's Bench Divisional Court
This route is more specialized and focuses exclusively on legal errors rather than factual disputes.
Who can appeal? Both the prosecution and the defence may use this route. This is significant because it provides the prosecution with an avenue to challenge legal errors, which is not available through the Crown Court route.
What "Case Stated" Means
Appeals under this route must be based on a point of law by way of case stated. This means the party appealing must argue that the Magistrates' Court made a legal error in reaching its decision. The Magistrates' Court "states the case" by setting out the facts it found and the legal question on which it seeks guidance from the higher court.
Hearing the appeal: The appeal is heard by a panel of two or three High Court Judges sitting in the Queen's Bench Divisional Court. The panel may include a Court of Appeal judge, reflecting the seniority and legal complexity involved in these cases.
Possible outcomes: Similar to Crown Court appeals, the Queen's Bench Divisional Court may quash the decision, confirm it, or remit the case back to the Magistrates' Court with directions on how to proceed.
Route to the Supreme Court
It is possible for either the prosecution or the defence to appeal to the Supreme Court, but only on a point of law of general public importance. This means the legal issue must be sufficiently significant to warrant the Supreme Court's attention. Additionally, the party seeking to appeal must obtain leave to appeal from either the Supreme Court itself or the Queen's Bench Divisional Court.
Appeals from the Crown Court
Appeals from the Crown Court follow different procedures depending on whether the defendant or the prosecution is appealing.
Defendant appeals from the Crown Court
Although appeals by defendants from the Crown Court are relatively uncommon, they remain an important safeguard against wrongful conviction or excessive sentences.
Grounds for appeal: A defendant may appeal against an unsafe conviction (where there are serious doubts about the correctness of the verdict) or against their sentence (if it is considered too severe). The concept of an "unsafe" conviction is broad and can include cases where new evidence emerges, there were procedural irregularities, or the jury was misdirected on the law.
Permission Requirements and Time Limits
Appeals are heard in the Court of Appeal (Criminal Division). The defendant must lodge their appeal within six weeks of conviction and must obtain permission to appeal. This permission stage acts as a filter to ensure only meritorious appeals proceed to a full hearing.
Fresh evidence: An important feature of appeals to the Court of Appeal is that fresh evidence may be presented. This allows defendants to introduce new material that was not available at the original trial, which can be crucial in cases where new facts come to light after conviction.
Further Appeals to the Supreme Court
In rare cases, it is possible to appeal from the Court of Appeal to the Supreme Court, but only on a point of law of general public importance. The defendant must obtain leave to appeal before proceeding.
Possible outcomes: The Court of Appeal may quash the conviction or sentence (setting it aside) or confirm the appeal (upholding the Crown Court's decision). Where a conviction is quashed, the defendant is typically released, though in some cases a retrial may be ordered.
Prosecution appeals from the Crown Court
The prosecution's right to appeal is more limited than the defendant's, reflecting the principle that a person should not be placed in double jeopardy (tried twice for the same offence) except in exceptional circumstances.
Double Jeopardy Principle
The limited nature of prosecution appeals protects defendants from being repeatedly prosecuted for the same offence. This fundamental principle ensures fairness in the criminal justice system and prevents the state from using its superior resources to wear down defendants through repeated trials.
Grounds for appeal: The prosecution may appeal in two main situations. First, they may appeal against an acquittal if they are dissatisfied with the outcome. Second, the Attorney-General may appeal if they consider a sentence to be unduly lenient (meaning it is significantly too low given the seriousness of the offence). The Attorney-General may also seek to clarify a point of law relevant to an acquittal, ensuring legal certainty for future cases.
Where the appeal is heard: Prosecution appeals are heard in the Court of Appeal (Criminal Division), the same court that hears defendant appeals.
Further appeals: Although rare, it is possible for the prosecution to appeal to the Supreme Court on a point of law of general public importance, subject to obtaining leave to appeal.
Possible outcomes: The Court of Appeal may quash the decision it is reviewing or confirm it. In cases involving unduly lenient sentences, the court may increase the sentence to a level it considers appropriate.
Key features of appeals to the Supreme Court
The Supreme Court's Exceptional Role
Across all the appeal routes discussed, appeals to the Supreme Court share common characteristics that make them exceptional rather than routine. The Supreme Court serves as the final arbiter on points of law that have significance beyond individual cases, shaping the development of criminal law in England and Wales.
Point of law of general public importance: All Supreme Court appeals must involve a legal question that has significance beyond the individual case. The issue must be one that affects the interpretation or application of the law more broadly.
Leave to appeal: Permission must be obtained either from the Supreme Court itself or from the court below (such as the Queen's Bench Divisional Court or Court of Appeal). This requirement ensures that the Supreme Court's limited resources are focused on cases of genuine legal importance.
Rarity: Supreme Court appeals in criminal cases are uncommon, reflecting the high threshold that must be met for an appeal to proceed.
Key Points to Remember:
- Defendants can appeal from the Magistrates' Court to the Crown Court against conviction and/or sentence, but only defendants can use this route
- Case stated appeals to the Queen's Bench Divisional Court are available to both prosecution and defence but only on a point of law
- Appeals from the Crown Court go to the Court of Appeal (Criminal Division), with defendants able to appeal against unsafe convictions or sentences
- The prosecution can appeal in limited circumstances, including against acquittals or to challenge unduly lenient sentences through the Attorney-General
- Appeals to the Supreme Court require leave to appeal and must involve a point of law of general public importance
- Fresh evidence can be heard in the Court of Appeal when defendants appeal from the Crown Court