Crown Court Power to Correct Its Own
Mistakes
Unless appeal already determined, CC can vary/rescind sentence
within 56 days of passage, on order from the same judge. Can vary
length or substitute one form for another.
Right to Appeal and Requirement to Obtain Leave: -
Most appeals to CoA come under statutory jurisdiction.
Number of Judges – Majority dealt with by 3 judges, most serious cases
may have 5 or 7 (always an odd number).
Appealing Conviction – Unless CCJ says fit for appeal (very rare) then leave
of CoA required – see procedure below.
Appealing Conviction Following Guilty Plea – Conviction can be quashed
where:
Conviction found unsafe despite GP.
Fresh evidence arisen since GP.
GP flowed from inappropriate legal advice (rare).
Common Grounds of Appeal Against Conviction: -
Usually results in quashing conviction or retrial.
Error in summing-up/misdirection on law or fact which make conviction
unsafe – e.g., failure to give proper direction on D’s character.
Wrongful admission/exclusion of evidence – If made conviction unsafe,
CoA will quash even if Counsel didn’t object.
Erroneous exercise of discretion – Will only quash in exceptional
circumstances, usually where Judge failed to exercise discretion or didn’t
account for relevant factors.
Rejecting submission of NCA (Submission of no case to asnswer) –
wrongful rejection = unsafe conviction even if D admits guilt in cx.
, Inconsistent jury verdict – Will quash if no reasonable jury applying mind
to evidence could reach conclusion they did.
Conduct of the trial judge – Where Judge’s conduct prevents justice being
done, e.g., excessive intervention in D’s evidence.
Wrongful withdrawal of an issue from the jury –
Defects in indictment.
Common Grounds of Appeal Against Sentence: -
Usually resulting in varying/substituting sentence.
Sentence given on wrong law – i.e., it cannot legally be passed.
Sentence is wrong in principle or manifestly excessive – beyond
range of appropriate penalties, our outside guideline range for such
an offence;
Judge’s sentencing remarks – Where apparent he considered
irrelevant factors;
D’s justifiable sense of grievance – e.g., custodial sentence despite
positive recommendation for non-custody in PSR (pre-sentence
report);
Disparity between Co-Ds where no good reason for one getting more
severe sentence.
Applying for Leave to Appeal: -
1. Serve Notice of App for Leave on Registrar of Criminal Appeals
within 28 days of the conviction/sentence.
a. Grounds + relevant facts in one doc so it is clear to Reg/CoA
what is being relied upon;
b. Grounds can be “perfected” at such time as CoA allows;
Mistakes
Unless appeal already determined, CC can vary/rescind sentence
within 56 days of passage, on order from the same judge. Can vary
length or substitute one form for another.
Right to Appeal and Requirement to Obtain Leave: -
Most appeals to CoA come under statutory jurisdiction.
Number of Judges – Majority dealt with by 3 judges, most serious cases
may have 5 or 7 (always an odd number).
Appealing Conviction – Unless CCJ says fit for appeal (very rare) then leave
of CoA required – see procedure below.
Appealing Conviction Following Guilty Plea – Conviction can be quashed
where:
Conviction found unsafe despite GP.
Fresh evidence arisen since GP.
GP flowed from inappropriate legal advice (rare).
Common Grounds of Appeal Against Conviction: -
Usually results in quashing conviction or retrial.
Error in summing-up/misdirection on law or fact which make conviction
unsafe – e.g., failure to give proper direction on D’s character.
Wrongful admission/exclusion of evidence – If made conviction unsafe,
CoA will quash even if Counsel didn’t object.
Erroneous exercise of discretion – Will only quash in exceptional
circumstances, usually where Judge failed to exercise discretion or didn’t
account for relevant factors.
Rejecting submission of NCA (Submission of no case to asnswer) –
wrongful rejection = unsafe conviction even if D admits guilt in cx.
, Inconsistent jury verdict – Will quash if no reasonable jury applying mind
to evidence could reach conclusion they did.
Conduct of the trial judge – Where Judge’s conduct prevents justice being
done, e.g., excessive intervention in D’s evidence.
Wrongful withdrawal of an issue from the jury –
Defects in indictment.
Common Grounds of Appeal Against Sentence: -
Usually resulting in varying/substituting sentence.
Sentence given on wrong law – i.e., it cannot legally be passed.
Sentence is wrong in principle or manifestly excessive – beyond
range of appropriate penalties, our outside guideline range for such
an offence;
Judge’s sentencing remarks – Where apparent he considered
irrelevant factors;
D’s justifiable sense of grievance – e.g., custodial sentence despite
positive recommendation for non-custody in PSR (pre-sentence
report);
Disparity between Co-Ds where no good reason for one getting more
severe sentence.
Applying for Leave to Appeal: -
1. Serve Notice of App for Leave on Registrar of Criminal Appeals
within 28 days of the conviction/sentence.
a. Grounds + relevant facts in one doc so it is clear to Reg/CoA
what is being relied upon;
b. Grounds can be “perfected” at such time as CoA allows;
