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English Legal System

English Legal System (5th edn)

Helen Rutherford, Birju Kotecha, and Angela Macfarlane
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date: 30 May 2023

p. 66918. Criminal and civil appealslocked

p. 66918. Criminal and civil appealslocked

  • Helen Rutherford, Helen RutherfordSenior Lecturer, Northumbria University
  • Birju KotechaBirju KotechaSenior Lecturer, Northumbria University
  •  and Angela MacFarlaneAngela MacFarlaneSenior Lecturer, Northumbria University

Abstract

As seen in previous chapters, the appeal court system in England and Wales is hierarchical. This chapter is concerned with the various mechanisms by which the decisions of courts may be appealed or reviewed. It explores the grounds for appeals in criminal cases, including the concepts of ‘fresh evidence’ and ‘lurking doubt’. If a criminal appeal has been dismissed, the Criminal Cases Review Commission (CCRC), which was set up to examine potential miscarriages of justice, may refer a case back to the appeal court in certain circumstances. The chapter highlights some of the criticisms of the CCRC’s role and effectiveness. The avenues of appeal in civil cases are also discussed.

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