Criminal Appeals Overview

Criminal Appeals

• Criminal appeals allow defendants to challenge their conviction or sentence.
• A defendant can appeal their conviction, sentence, or both.
• Appeals must be filed within 28 days of either the conviction date or the sentencing date.
• Failure to file within the 28-day timeframe may result in the appeal being rejected.

Learning Outcomes

• Understand the grounds for a criminal appeal
• Understand the role of the Criminal Cases Review Commission
• Consider high-profile cases of miscarriage of justice

The Appeal Process

• A convicted defendant can appeal their conviction, sentence, or both.
• The appeal process requires obtaining permission from the court to proceed based on the grounds for appeal.

Time Limits

• Appeals must be filed within 28 days of either the conviction date or sentencing date.
• Appeals filed after the 28-day period may be denied.
• Reasons for a late appeal must be justified for consideration.

The Appeal: Permission

• If permission to appeal is granted, the case will be heard by the Court of Appeal Criminal Division.
• When appealing against a conviction, the prosecution will present their evidence in the case. This may not always occur if appealing against a sentence.
• If permission is not granted, the reasons will be given, and the defendant can reapply with a renewed request to a full court of 2 or 3 judges.

The Outcome

• If the appeal is successful: The conviction may be overturned, the sentence reduced, or both. The case may be reviewed completely in new proceedings.
• If the appeal is unsuccessful: The original sentence or conviction will stand. The defendant may be required to restart their sentence and pay court costs.

Other Options: The CCRC

• The Criminal Cases Review Commission (CCRC) is an alternative path to review cases suspected as miscarriages of justice.
• The CCRC has jurisdiction over criminal cases and reviews cases at Magistrates' or Crown Courts in England, Wales, and Northern Ireland.
• At least 3 committee members must review the case.
• The CCRC can refer a case to the Court of Appeal, but cannot overturn or change the court's sentencings themselves.

Miscarriages of Justice

• A miscarriage of justice happens when someone is convicted of a crime they did not commit.
• Famous miscarriages of justice have occurred in the UK.

Miscarriages of Justice: Causes

• Potential causes, as suggested by research, include:
  • Wrongful eyewitness testimony
  • Prosecutorial misconduct
  • Faulty forensic evidence
  • False confessions
  • Unreliable evidence from people with criminal records
  • Inadequate legal representation

High Profile Cases

• Notable high-profile cases include:
  • The Guildford Four
  • The Birmingham Six
  • Sally Clark
  • Barry George
  • Sam Hallam
  • Angela Canning