SQE FLK 2

What is the time limit for appealing a sentence or conviction from the Magistrates Court to the Crown Court by way of re-hearing? - 21 days from the date of sentence What is the time limit for appealing a sentence of conviction from the Magistrates Court to the High Court (Divisional Court KBD) by way of case stated? - 21 days from the from the date of the decision sought to be appealed. What is the time limit for appealing a sentence of conviction from the Magistrates Court to the High Court by way of Judicial Review? - Applications must be lodged promptly and in any event, within 3 months after the ground arose. Failure to lodge promptly, even within 3 months could lead to rejection. What are the time limits for the split rule in the Crown court? - 56 days of the order being made What is the time limit for appealing against sentence or conviction to the Court of Appeal from the Crown Court? - 28 days from conviction/ sentence (depending on what your appealing) Your client has been refused an appeal to the Court of Appeal by the single judge. What should they do? - Appellant can renew the application for leave to appeal. Appellant must serve the relevant form on the CoA within 14 days of receiving the notification of the single judge's decision. Their application will then be heard orally by 2-3 judges. What is the time limit for the Attorney General to bring an appeal in the Court of Appeal to review an "unduly lenient" sentence? - 28 days. They can only appeal indictable only offences. What are the time limits for an application to appeal to the Supreme Court from the Court of Appeal? - Defence and Prosecution can lodge an application no more then 28 days after the court gives the reasons for its decisions (and no more than 14 days in an Attorney Generals Reference Case) Define persistent young offender - No statutory definition, but PYO if they have been found guilty in relation to an imprisonable offence on 3 occasions in the last 12 months Or Young person is sentenced in a single appearance for several comparable offences over a short period, without previous conviction. Custodial sentencing powers of the youth court? - Min 4 months Max of 24 months When must a youth be tried at crown court without an indication of plea happening in youth court? - If they have been (1) charged with homicide (2) firearm offences subject to statutory minimum sentence of 3 years (3) notice served in serious fraud or child cases What is a grave crime? - (1) An offence punishable with prison for at least 14 years (e.g. arson, robbery, rape, burglary, handling stolen goods) (2) Sexual assault, child sex offences, inciting child or family members into sex offences (3) Offences relating to firearms When will a child/ young offender be tried in the Crown/ Mags? - (1) Commit a grave crime and there is a real prospect that the sentence in excess of two years will be imposed (2) Youth jointly charged with adult (3) Dangerous Offender Provisions apply