Criminal Law (APPEALS)


APPEALS

A person convicted by a magistrates' court may appeal to the Crown Court against sentence if he or she has pleaded guilty. The appeal may be made against both conviction and sentence if a not guilty plea has been made. The Divisional Court of the Queen's Bench Division of the High Court hears appeals on points of law and procedure - by either prosecution or defence - in cases originally dealt with by magistrates.

If convicted by the Crown Court, the defendant can appeal to the Court of Appeal (Criminal Division) against both conviction and sentence.

The House of Lords is the final appeal court, but it will only consider cases that involve a point of law of general public importance.

The Attorney General may seek the opinion of the Court of Appeal on a point of law which has arisen in a case where a person tried on indictment is acquitted. The Court has the power to refer the point to the House of Lords if necessary. The acquittal in the original case is not affected.

The Attorney General may also refer a case to the Court of Appeal if he or she considers that a sentence passed by the Crown Court is unduly lenient. This is restricted to cases which can only be tried in a Crown Court. If the Court of Appeal agrees, it may increase the sentence within the statutory maximum laid down by Parliament for the offence.

The Home Secretary may consider representations and intervene in cases where appeal rights have been exhausted. Fresh evidence is necessary if such action is to be taken.


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