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.
Chapter
16. Criminal Appeals
Chapter
16. Criminal Appeals
Alisdair A. Gillespie and Siobhan Weare
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.
Chapter
15. The Trials
This chapter examines the trial process and identifies the differences between summary trials and trials on indictment. It details who is in court, what their role should be, and how they reach their various decisions. The discussions cover the prosecution case, the defence case, closing speeches, judicial summing-up, reaching a verdict, and youth trials.
Chapter
14. Those in Court
This chapter focuses on the people who are present during criminal trials. It considers those in summary trials in magistrates’ court (magistrates, justices’ clerks/legal advisors, lawyers, and the defendant). It also considers those who are present in the Crown Court during a trial on indictment (the judge, the jury, lawyers, court clerks, the stenographer, the usher, and the defendant). The chapter then explores how lawyers for the defence are funded under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Chapter
15. The Trials
Alisdair A. Gillespie and Siobhan Weare
This chapter examines the trial process and identifies the differences between summary trials and trials on indictment. It details who is in court, what their role should be, and how they reach their various decisions. The discussions cover the prosecution case, the defence case, closing speeches, judicial summing up, reaching the verdict, and youth trials.
Chapter
14. Those in Court
Alisdair A. Gillespie and Siobhan Weare
This chapter focuses on the people who are present during criminal trials. It considers those in summary trials in magistrates’ court (magistrates, justices’ clerks/legal advisors, lawyers, and the defendant). It also considers those who are present in the Crown Court during a trial on indictment (the judge, the jury, lawyers, court clerks, the stenographer, the usher, and the defendant). The chapter also explores how lawyers for the defence are funded under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
