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The English Legal System

The English Legal System (7th edn)

Alisdair Gillespie and Siobhan Weare
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p. 51915. Criminal Appealslocked

p. 51915. Criminal Appealslocked

  • Alisdair A. GillespieAlisdair A. GillespieHead of Department and Professor of Law, Lancaster University
  •  and Siobhan WeareSiobhan WeareLecturer in Law, Lancaster University

Abstract

This chapter examines under what circumstances someone is entitled to appeal and how that appeal is heard. The discussions cover summary trials or trials on indictment; appeals from a summary trial; appeal from a trial on indictment; appeal following an acquittal; appeal against sentence; appeals to the Supreme Court; and the Criminal Cases Review Commission. The paths of appeals differ depending on the mode of trial of the original criminal hearing. There are two potential criminal appeal avenues from a summary trial: either to the Divisional Court (by way of case stated or (exceptionally) judicial review) or to the Crown Court. An appeal ordinarily requires leave (permission) but appealing to the Crown Court from the magistrates’ court does not require leave.

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