High Court (QBD)

4
High Court (QBD) Crown Court Magistrates Court Supreme Court

description

Supreme Court. Crown Court. High Court (QBD). Magistrates Court. Supreme Court. Court of Appeal. Crown Court. Supreme Court. Only if a) QBD states point of law of public importance & b) QBD or Supreme Court gives leave to appeal. - PowerPoint PPT Presentation

Transcript of High Court (QBD)

Page 1: High Court (QBD)

High Court (QBD)Crown Court

Magistrates Court

Supreme Court

Page 2: High Court (QBD)

Court of Appeal

Crown Court

Supreme Court

Page 3: High Court (QBD)

High Court (QBD)Crown Court

Appeal against conviction/sentence

Case stated appeal (Point of Law)

D onlyn.b if D pleaded

guilty, can only appeal against

sentence

P or D

Magistrates Court

Supreme Court

Case stated appeal (Point of

Law)

Case reheard by a judge & 2 magistrates. Can reach same decision, reverse or vary within limits of magistrates’ powers

Panel of 2/3 High Court Judges hear evidence from Crown Court/Magistrates Court. No witnesses. May confirm, vary or remit (send back)

Only if a) QBD states point of law of public importance & b) QBD or Supreme Court gives leave to appeal

Page 4: High Court (QBD)

Court of Appeal

Appeal against conviction/ sentence

If judge gives ruling that effectively stops case

D

Must get leave to appeal from C of A or certificate from trial

judge: Criminal Appeal Act

1995: a) shall allow appeal against conviction if think it is unsafe and

b) dismiss if not

P

Crown Court

Supreme Court

Can quash conviction, vary to lesser offence, decrease sentence but cannot increase. Could order retrial (rare = 50/60 cases per year)

Against acquittal if: a) Jury nobbled b) New &

compelling Evidence

Refer a point of law (doesn’t affect case

but creates precedent)

Against sentence

Only if point of law of general public importance and leave to appeal from Supreme Court or CofA