The rights of the defence to appeal

There are two different appeal routes from the Magistrates’ Court.

Grade: A-C | £1.99.

The essay covers appeals by way of case stated and appeals to the Crown Court against the sentence or the conviction or both; the Queen's Bench Divisional Court's role in confirming the decision or remitting (sending the case back).

The essay also mentions appeals to the former House of Lords; 'leap frogging' and points of law of public importance; the case of C v DPP (1994) is provided as an example of a case following the extended appeal procedure;

The essay then goes on to discuss the work of the Crown Court and rights of appeal against conviction, sentence or both to the Court of Appeal (Criminal Division); leave to appeal; 'unsafe and unsatisfactory'; retrial and quashing convictions. It looks at examples such as Sally Clark and Sion Jenkins from recent years.

Finally the essay discusses the work of the Criminal Cases Review Commission set up under the Criminal Appeal Act 1995 and the issue of new evidence.

 

 

 

 

(word count 885)

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