Starter:

What’s the topic?

Thinking:What is the point in having an appeal system?

… if you are a defendant?

…if you are the prosecution?

Introduction:

What do you already know?

If you are convicted in the Crown Court, which court do you appeal to?

1 Mark

Which court hears the least appeals, and has

the final say?

1 Mark

Name two things D might want to appeal

against.

1 Mark

If D pleads guilty. What will he not be able to

appeal against?

1 mark

Why might the prosecution want to

appeal?

2 marks

What is double jeopardy?

2 marks

What can happen to an appeal?

2 marks

What was the prosecution appealing against in KINGSTON,

when it went to the HL?

2 Marks

Which court will you not go to if convicted of a summary offence?

3 marks

What risk is there in appealing a sentence?

3 marks

What can’t the appeal court do to your

conviction?

3 marks

Who has to complain about a lenient

sentence?

3 marks

…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?

Starter…

Linking your knowledge

All of these are cases you have met

elsewhere on the course, or in

independent study.

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!

1 2 3

45

6

Consolidation:

Got the key information?The Summary Route…

Summary Trial:

Court:

Court:

Court:

Consolidation:

Got the key information?The Indictable Route…

Indictable Trial:

Court:

Court:

Pause and check…

Can you complete the dominoes?

DPP v Smith 2006The 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

Terminology:

By way of case stated.AffirmQuash

Summary trial

Advise the prosecution on their rights of appeal

R v Hancock and Shankland 1985The 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. 

Terminology:

Leave Point of law of general public

importanceAffirmQuash

Indictable trial

Advise the defence on their rights of appeal

R v Harmer 2007V, 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.

Terminology:

Leave Lenient

SentencingAffirmQuash

Indictable trial

Advise both the defence and the prosecution on their rights of appeal

So can you identify the word?Challenge: what does it mean?

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?

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

They heard appeals last year, were criminal cases

Of applications were granted leave last year

Court of Appeal Criminal Division

Can quash, dismiss, confirm, order a re-trial, vary the sentence.

Procedure for appealing:

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

‘unsafe’The only grounds under which a

conviction may be quashed by the courts.2 Criminal Appeal Act 1968

How many appeals?

Sentence D’s plea at first instance: Reason for appeal: Does D need leave? Consequences

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

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

Criminal Procedure and Investigations Act 1996

Jury Nobbling

s.75 Criminal Justice Act 2003

Retrial for D who has already been acquitted

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

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?

Crown CourtAppealing from court “by way of case stated”

Only may appeal hereIt is heard by a judge and 2 magistratesThey 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

IntroductionDefine the key term of the question,

origin and reason for having it

MainEnsure 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.

Subheading/Point/Area Means/explanation/detailBe precise and accurate

Example/Cases/Illustration Remember to explain it rather than state!

ConclusionSum up the topic in no more than one

sentence, or include a critical comment.

MainEnsure 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.

Point Means/explanation/detailBe precise and accurate

Link back to facts of questionRemember to use D’s name!

ConclusionSum up the most likely routes and

your conclusions.

Consolidation

Answer the question!

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”

State what powers an appellate court has.

Identify which courts D may appeal to from the Magistrates’ court

A

BC

D

E