Podcast
Questions and Answers
What is required from the appellant's skeleton argument for a conviction appeal if the appeal notice is inadequate?
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?
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 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?
What should be included in a skeleton argument when citing an authority?
What does para.D.19 stipulate regarding multiple authorities cited for a given proposition?
What does para.D.19 stipulate regarding multiple authorities cited for a given proposition?
What can an appellant do if the single judge grants leave on a particular ground?
What can an appellant do if the single judge grants leave on a particular ground?
For a sentencing appeal, when is a skeleton argument necessary?
For a sentencing appeal, when is a skeleton argument necessary?
What does it mean if the Court or engaging parties have a single document outlining the arguments?
What does it mean if the Court or engaging parties have a single document outlining the arguments?
What is the primary purpose of the prosecution appealing a ruling in the Crown Court?
What is the primary purpose of the prosecution appealing a ruling in the Crown Court?
Which type of ruling can the prosecution appeal against under s. 58?
Which type of ruling can the prosecution appeal against under s. 58?
What is required for the prosecution to initiate an appeal according to the CJA 2003, s. 58(4)?
What is required for the prosecution to initiate an appeal according to the CJA 2003, s. 58(4)?
What constitutes a terminating ruling as recognized by the court?
What constitutes a terminating ruling as recognized by the court?
In the context of appealing a ruling, what does it mean to enter into an acquittal agreement under s. 58(8)?
In the context of appealing a ruling, what does it mean to enter into an acquittal agreement under s. 58(8)?
Which aspect does the Criminal Cases Review Commission primarily assess?
Which aspect does the Criminal Cases Review Commission primarily assess?
What is required for the prosecution to appeal a trial judge's decision to the Court of Appeal?
What is required for the prosecution to appeal a trial judge's decision to the Court of Appeal?
In what scenario can the prosecution appeal against the exclusion of evidence?
In what scenario can the prosecution appeal against the exclusion of evidence?
What is required for the prosecution to appeal a terminating ruling?
What is required for the prosecution to appeal a terminating ruling?
What must the judge consider when granting leave to appeal by the prosecution?
What must the judge consider when granting leave to appeal by the prosecution?
What happens to a ruling subject to appeal once notice of the appeal has been given?
What happens to a ruling subject to appeal once notice of the appeal has been given?
Under what conditions can the CCRC refer a case to the Court of Appeal?
Under what conditions can the CCRC refer a case to the Court of Appeal?
What limitation is placed on the prosecution if their appeal against a terminating ruling is abandoned or refused?
What limitation is placed on the prosecution if their appeal against a terminating ruling is abandoned or refused?
What type of convictions can the CCRC refer to the Crown Court?
What type of convictions can the CCRC refer to the Crown Court?
What should the judge do on the same day as the oral application for leave to appeal is made?
What should the judge do on the same day as the oral application for leave to appeal is made?
What is a critical factor in determining whether to grant an appeal under the interests of justice?
What is a critical factor in determining whether to grant an appeal under the interests of justice?
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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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