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English Legal System

English Legal System (4th edn)

Steve Wilson, Helen Rutherford, Tony Storey, Natalie Wortley, and Birju Kotecha
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date: 30 May 2023

p. 65718. Criminal and civil appealslocked

p. 65718. Criminal and civil appealslocked

  • Steve Wilson, Steve WilsonFormer Principal Lecturer, Northumbria University, Newcastle
  • Helen Rutherford, Helen RutherfordSenior Lecturer, Northumbria University, Newcastle
  • Tony Storey, Tony StoreySenior Lecturer, Northumbria University, Newcastle
  • Natalie WortleyNatalie WortleyAssociate Professor, Northumbria University, Newcastle
  •  and Birju KotechaBirju KotechaSenior Lecturer, Northumbria University, Newcastle

Abstract

This chapter introduces readers to the appeals process in criminal and civil cases. It explores the grounds upon which appeals may be based in criminal cases, including the concepts of ‘fresh evidence’ and ‘lurking doubt’ and considers appeals by way of case stated, applications for judicial review of decisions, and Attorney General’s references. 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, including leapfrog appeals and second appeals.

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