Download - High Court (QBD)

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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