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Appeal Routes in Civil and Criminal Courts

AS Level Law, G151 English Legal System. Learners have to recall the appeal routes for the exam.
by

Alexandra Sermon

on 6 November 2014

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Transcript of Appeal Routes in Civil and Criminal Courts

COUNTY COURT
Court of First Instance
Multi-track
over £25,000
over £50,000 for PI cases
Fast track
£5,000 - £25,000
Small Claims track
up to £5,000
up to £1,000 for PI cases
DJ - CJ (on appeal)
CJ - High Court Judge (on appeal)
DJ - CJ (on appeal)
CJ - High Court Judge (on appeal)
HIGH COURT
QBD/Chancery/Family
COURT OF APPEAL
Multi-track cases
appeal to the COA
Further appeal ONLY
in exceptional circumstances under
S.55 Access to Justice Act 1999
important point of law
compelling reason
Small claims
Appeals allowed under
Article 6 ECHR
October 2000
Appeals to..
SUPREME COURT
Appeals to ...
Leave to appeal is required
LEAPFROG APPEALS
SC - leave to appeal
point of law eg, statutory interpretation or precedent
Administration of Justice Act 1969
EUROPEAN COURT OF JUSTICE

preliminary referral - SC
discretionary referral - all other courts
MAGISTRATES' COURT
CROWN COURT
HIGH COURT - QBD
COURT OF APPEAL - CRIMINAL DIVISION
SUPREME COURT
ECJ
= APPEAL ROUTE FROM CROWN COURT
= APPEAL ROUTE FROM MAGISTRATES'
COURT
CASE STATED APPEAL
by prosection and
defence
Defence only
automatic right
G - sentence
NG - sentence and/or conviction
Case is re-heard by Judge & 2 Mags in Crown Court
Power to;
confirm decision
reverse decision
vary conviction
confirm sentence
increase or decrease sentence up to maximum Mags' power
CASE STATED APPEAL
(point of law)
by prosecution and defence
2/3 HC judges or COA judge hear the appeal in QBD
On what grounds?
Def -v- conviction
Pros -v acquittal
NOT to challenge sentence

On grounds that magistrates misapplied the law

Div Court has power to;
confirm
reverse
vary
remit case back to Magistrates' Court
Can only be made if;
Div Court certifies a point
of law of general public
importance
Div Court or SC give leave to appeal
eg. C v DPP (1994)
Prosecution can appeal against
acquittal
point of law
sentence
Defence can appeal against
sentence or conviction
time limits
leave to appeal - Criminal Appeal Act 1995
eg unsafe conviction, new evidence
COA powers;
vary conviction
decrease sentence
dismiss appeal
re-trial
Prosecution & Defence
point of law of general public importance
leave for appeal from either COA or SC
Point of European law involved
rare
SUMMARY
OFFENCES
Most traffic offences
Least serious offences
No jury
Usually in front of 3 magistrates
TRIABLE
EITHER
WAY
Theft and ABH
More serious offences
Defendant can elect
jury trial
Magistrates' court
or Crown Court
INDICTABLE
OFFENCES

Most serious offences
Murder, rape
robbery
Jury trial
Heard in Crown Court
PLEA BEFORE VENUE
G
NG
Magistrates can sentence
Crown Court - if sentencing powers
are insufficient
MODE OF TRIAL HEARING
Accept jurisdiction
Refuse jurisdiction
D elects place of trial
Sent to Crown Court
Magistrates' Court
Crown Court
Full transcript