BPTC Law Notes BPTC Criminal Litigation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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APPEALS FROM DECISIONS OF MAGISTRATES
CRIMINAL CASES REVIEW COMMISSION
independent public bodies which reviews cases to ID potential miscarriages of justice
can refer cases to the appeal courts without leave if the normal appeal process has been exhausted
test: real possibility CA will overturn original decision? e.g. new evidence / exceptional circumstances such as investigation into police corruption
WAYS OF APPEALING AGAINST DECISION OF MAGS
appeal to CC
appeal to HC by way of case stated
application to HC for JR
N.B. Power to rectify mistakes (NOT appeal)
application for case to be re-heard by different JPs (s142(2) MCA 1980)
appeal, = power to re-open case
the application
if D convicted (on G OR NG plea) may apply under s142(2)
application can be heard by same mags who convicted D
the test
if appears to court in interests of justice that case should be heard again by different JPs, court may direct
when is an application appropriate?
only to correct mistakes, NOT wide 'interests of justice' discretion to re-open cases
assessment of merits irrelevant (matter for appeal)
mags' made error of law / procedural defect
mags' wrongly proceed in D's absence
rescinding or varying a sentence / order (s142(1))
the application
if D convicted (on G OR NG plea) may apply under s142(2)
no time limit BUT delay is a significant factor
mags' powers lost after case appealed to CC / HC by way of case stated AND HC / CC has determined the appeal
the test
court may rescind OR vary sentence / order imposed by it if is in interests of justice
when is an application appropriate?
mags' made error of law when passing original sentence
all agree mistake made, ID'd quickly + power exercised quickly
(1) APPEAL TO CC
Who can appeal
the D
NG plea
D may appeal against conviction AND / OR sentence
G plea
D may appeal against sentence only
the exceptions: D can appeal against conviction IF
plea was equivocal:
G plea + words amounting to defence OR
G plea + later information revealed to mags' before sentence renders equivocal OR
G plea under duress
autrefois acquit / convict arises
Criminal Cases Review Commission (Crim Appeal Act 1995 s11)
reference treated as being made by D, regardless of whether pleaded G / NG
Procedure
leave to appeal
if in time, NOT required - appeal as of right
if out of time, must apply for leave in writing to CC (r63.2(3), 63.9)
written appeal notice
A gives to mags' court officer AND pros within 21 days of sentence
21 days always run from date of sentence unless:
sentence deferred: date sentence deferred, if earlier (r63.2)
appeal against order: date of order OR date of failure to make
appeal notice must
summarise issues
if A asked mags' to reconsider case under s142, state
only if appeal against conviction, A must:
ID pros Ws will want to Q if called to give oral evidence; +
say how long summary trial lasted
say how long appeal likely to last
provision by mags' court office of documents
notes of evidence to A: no duty BUT request should be viewed sympathetically
any document / info to CC: officer must provide (r63(4)(c))
all documents forwarded to CC
listing officer
places appeal on list
sends notice of time + place to A, pros + mags'
Bail if D in custody when gives notice of appeal
mags' may grant bail, with duty to appear at appeal hearing (MCA 1980 s113)
if mags' refuse bail OR unacceptable conditions imposed, A may appeal decision to CC (SCA s81)
no right to bail under s4 BA BUT likely to be granted if sentence likely to have been served before appeal heard
The hearing
judges
judge (CJ / recorder) sits with 2 JPs not involved in case in mags' (r63.10)
if appeal from youth court, JPs from youth bench, ideally a man and a woman
appeal against conviction OR sentence + conviction
= complete rehearing
either party may call new evidence / omit evidence to that in mags'
the decision
JPs must accept law from judge
decision = majority (JPs can outvote judge; if evenly numbered court divided, judge has casting vote)
= procedural irregularity for judge to act as prosecutor in absence of pros advocate
reasons for the decision
CC judge must give reasons regardless of whether appeal accepted or rejected (refusal may = breach of natural justice):
how resolved main issues
enable A to:
see nature of criminality found; AND
consider whether grounds for further appeal to div court by way of case stated
A entitled to know basis on which pros case accepted by court
failure to give reasons invalidates decision unless reasons obvious
appeal against sentence
D may appeal any order made on conviction by mags' (s108(3))
= fresh sentencing hearing
the test
in light of all the matters which CC has heard, was sentence passed by mags' the correct one?
CC not bound by mags' decision to accept D's version of events - can pass sentence on different factual basis, BUT should offer A Newton hearing
Powers of CC on appeal (SCA s48)
confirm, reverse (quash) or vary any part of decision appealed against
if D has only appealed part of mags' decision, CC may review whole
remit case to mags' with its opinion
if plea equivocal, usually = direction to enter NG plea + hold trial
make any such order it thinks just
includes power to increase sentence to max available to mags' (rare)
appeal unsuccessful: order appellant to pay Crown's costs
Abandonment of appeal (MCA s109)
A may abandon appeal by:
only if hearing has started getting permission of CC
giving notice in writing to mags', appropriate officer of CC, pros + any other party (r68.3(1)(a))
CC may award costs even if timely notice served
upon abandonment CC has NO power:
to increase sentence; OR
re-instate appeal (unless abandonment was a nullity)
Proceeding in absence of parties
if A is represented + fails to attend CC should hear appeal
non-attendance abandonment
if neither party attends AND neither...
Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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