Legal Principles: Prosecution Appeals

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Questions and Answers

What is required from the appellant's skeleton argument for a conviction appeal if the appeal notice is inadequate?

It must be submitted 28 days before the hearing.

It must be no longer than two pages.

A skeleton argument must be served. (correct)

It must include a budget estimate for the appeal.

What is the latest time an appellant's skeleton argument must be served before the hearing date?

28 days

14 days

21 days (correct)

30 days

When is it necessary to include a previous decision of the Court in the skeleton argument?

When it strengthens the argument.

When the respondent requests it.

It is never necessary.

When it is necessary for the argument. (correct)

What should be included in a skeleton argument when citing an authority?

The proposition it demonstrates and relevant parts that support it. Signup and view all the answers

What does para.D.19 stipulate regarding multiple authorities cited for a given proposition?

The reasons for the citations must be briefly stated. Signup and view all the answers

What can an appellant do if the single judge grants leave on a particular ground?

Argue all the grounds at the substantive hearing. Signup and view all the answers

For a sentencing appeal, when is a skeleton argument necessary?

Only if there is a complex issue raised. Signup and view all the answers

What does it mean if the Court or engaging parties have a single document outlining the arguments?

It improves the clarity of the proceedings. Signup and view all the answers

What is the primary purpose of the prosecution appealing a ruling in the Crown Court?

To allow proceedings to continue if a ruling was found to be erroneous Signup and view all the answers

Which type of ruling can the prosecution appeal against under s. 58?

Refusal of an adjournment for a critical witness Signup and view all the answers

What is required for the prosecution to initiate an appeal according to the CJA 2003, s. 58(4)?

Inform the court of the intention to appeal or request an adjournment Signup and view all the answers

What constitutes a terminating ruling as recognized by the court?

A ruling that prevents the continuation of a case Signup and view all the answers

In the context of appealing a ruling, what does it mean to enter into an acquittal agreement under s. 58(8)?

To allow the prosecution to treat an evidential ruling as a terminating ruling Signup and view all the answers

Which aspect does the Criminal Cases Review Commission primarily assess?

The fairness and safety of convictions Signup and view all the answers

What is required for the prosecution to appeal a trial judge's decision to the Court of Appeal?

Leave from either the trial judge or the Court of Appeal Signup and view all the answers

In what scenario can the prosecution appeal against the exclusion of evidence?

If the exclusion affects the case’s viability through an acquittal agreement Signup and view all the answers

What is required for the prosecution to appeal a terminating ruling?

They are limited to the matters and counts on the indictment indicated during notification of the appeal. Signup and view all the answers

What must the judge consider when granting leave to appeal by the prosecution?

Whether the appeal is in the interests of justice. Signup and view all the answers

What happens to a ruling subject to appeal once notice of the appeal has been given?

The ruling ceases to have effect immediately. Signup and view all the answers

Under what conditions can the CCRC refer a case to the Court of Appeal?

If there is a real possibility the conviction or sentence will be quashed. Signup and view all the answers

What limitation is placed on the prosecution if their appeal against a terminating ruling is abandoned or refused?

They must offer no evidence against the accused. Signup and view all the answers

What type of convictions can the CCRC refer to the Crown Court?

Any summary conviction or connected sentence. Signup and view all the answers

What should the judge do on the same day as the oral application for leave to appeal is made?

Hear representations from the defense and decide. Signup and view all the answers

What is a critical factor in determining whether to grant an appeal under the interests of justice?

Whether new evidence could impact the outcome. Signup and view all the answers

Study Notes

Prosecution Appeals Overview

Prosecution can challenge Crown Court rulings that threaten the continuation of a case.
Appeals may be limited to specific counts of the indictment.
Prosecution can appeal rulings made during trial, beyond just submissions of no case to answer.
Leave to appeal can be obtained from the trial judge or the Court of Appeal.

Key Rulings and Admissibility

Prosecution allowed to appeal against adjournment refusals necessary for witness attendance.
Rulings on evidence admissibility can be both evidential and terminating (impacting case continuation).
A ruling excluding evidence may also be appealed if it is treated as terminating by the prosecution.

Appeal Procedure

Initial step involves notifying the court of the intent to appeal or requesting an adjournment for consideration.
Prosecution must request adjournment immediately after the relevant ruling according to CrimPR 38.2.
All points of argument must be compiled in a single document for clarity.

Skeleton Arguments

A skeleton argument is mandatory for complex legal points on appeal against conviction.
For sentencing appeals, providing a skeleton argument can aid in presenting complex issues.
Skeleton arguments must be served within specified timeframes: 21 days before for appellant and 14 days before for respondent.

Citing Authorities

Unnecessary references to prior decisions must be avoided.
Required citations should demonstrate specific propositions of law without quoting large sections.
If multiple authorities support one proposition, a brief rationale must be provided.

Leave to Appeal

If a single judge grants leave on one ground, other grounds can be argued at the substantive hearing.
Prosecution can only appeal based on counts indicated at the appeal notification time.
The judge must hear defense representations before granting leave, aiming for same-day decisions unless justice requires otherwise.

Terminating Rulings

Prosecution must agree not to present evidence against the accused if the appeal is abandoned or denied.
An appealed ruling becomes ineffective once a notice is submitted.

Criminal Cases Review Commission (CCRC)

CCRC can refer convictions or sentences to the Court of Appeal or Crown Court under specific conditions.
A "real possibility" of quashing the original conviction or sentence is necessary for CCRC referrals.
References typically address new arguments or information not available during the original trial or appeal.

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Description

Explore the concepts surrounding prosecution appeals in criminal cases, focusing on Crown Court rulings. This quiz delves into the conditions under which prosecutions can challenge decisions that may halt proceedings, ensuring justice is served even when errors occur.