Criminal Appeals and Miscarriages of Justice Lecture PDF

IFP0650 CRIMINAL APPEALS Navya Chanolien Learning Outcomes 1 2 3 Understand Understand Consider a the grounds the role of the number of for a criminal Criminal Cases high profile appeal Review miscarriages...

IFP0650 CRIMINAL APPEALS Navya Chanolien Learning Outcomes 1 2 3 Understand Understand Consider a the grounds the role of the number of for a criminal Criminal Cases high profile appeal Review miscarriages Commission of justice The Appeal Process A Defendant who is convicted of an offence can appeal against their : Conviction Sentence Both Conviction and Sentence  A Defendant must apply to appeal within 28 days of either: thedate they were convicted (even if they were sentenced at a later date) if they are appealing against their conviction Time thedate they were sentenced if Limits they are appealing against their sentence If they apply later – OUT OF TIME - they will need to explain why the application is late. It may, or may not be accepted out of time. The Appeal : Permission If permission to appeal is granted: The appeal will be heard by the Court of Appeal Criminal Division. If appealing a conviction, representatives from the prosecution will present the case. This will not always happen if you appeal against a sentence. If you do not get permission to appeal The Judge’s reasons will be provided, A Defendant has the right to renew their application and ask a ‘full court’ of 2 or 3 judges for permission to appeal.  The Outcome If a Defendant wins their appeal Their conviction may be overturned or their sentence may be reduced (or both). Their conviction may be over turned and the case heard again If a Defendant loses their appeal Theoriginal sentence or conviction will not change but the Defendant might have to: restart their sentence from the beginning pay the court costs  If a Defendant thinks there’s been a ‘miscarriage of justice’ they can apply to the Criminal Cases Review Commission (CCRC) to have their case reviewed. Other The CCRC has jurisdiction over criminal cases at any Magistrates’ or Crown Options? Court in England, Wales and Northern Ireland. A Committee of at least 3 The members must decide whether the case should be looked at again by the Courts. CCRC The CCRC can refer a case to the Court of Appeal to be reviewed. The CCRC cannot overturn a decision or change a sentence – ONLY the Court of Appeal can do this.  AMiscarriage of Justice occurs when someone is convicted of a crime of which they did not commit. Miscarriag Therehave a been a number of very famous Miscarriages es of of Justice in the UK Justice  Warner and Stein (1999) suggest that Miscarriages of Justice stem from the following: Aneyewitness(es) identifying the wrong person Misconduct or errors by the Miscarriages Prosecution of Justice Faulty forensic evidence False confessions Unreliable evidence given by people who have a criminal record themselves Inadequate legal representation  The Guildford Four High The Sally Birmingham Six Clark Profile Barry George Case Sam Hallam Angela Canning