1-2 of 2 Results

  • Keyword: fresh evidence x
Clear all

Chapter

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.

Chapter

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.