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The Criminal Process

The Criminal Process (5th edn)

Liz Campbell, Andrew Ashworth, and Mike Redmayne
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date: 08 December 2021

p. 38312. Appeals, reviews, and retrialslocked

p. 38312. Appeals, reviews, and retrialslocked

  • Liz Campbell, Liz CampbellFrancine McNiff Chair of Criminal Jurisprudence, Monash University
  • Andrew AshworthAndrew AshworthEmeritus Vinerian Professor of English Law, University of Oxford
  •  and Mike RedmayneMike RedmayneThe Late Professor of Law, London School of Economics

Abstract

This chapter examines the appeals system, the most important purpose of which from the legal system’s point of view is the development and clarification of the law. Reviewing the law in this way allows the higher courts to exert some control over the lower courts and adds much to an understanding of the forces shaping the appeals system. From the point of view of litigants, appeals offer a chance to challenge a result they are unhappy with. The chapter discusses restrictions on appeal rights; challenging jury verdicts; due process appeals; post-appeal review of convictions by the Criminal Cases Review Commission; miscarriages of justice, prosecution appeals; and double jeopardy and retrials.

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