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Appeals Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

Updates Available  

A more recent version of these Appeals notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Appeals Pt63 - Procedure

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To appeal from MC to CC, a Notice of Appeal must be lodged within 21 days of sentence. Appeal is as of right.

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May ask Mags to reconsider to correct errors (Eg: unlawful sentence) per s142 MCA

1980. *

Bail pending appeal is permissible, and can be made in Mags per s113 MCA 1980. BUT presumption of bail doesn't apply as s4 BA says the presumption doesn't aply after conviction. If unsuccessful, can appeal the bail to CC.

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To appeal from CC to CoA, Notice of Appeal must be lodged within 28 days of conviction/sentence per s18(2) CAA. This date can be extended. Need permission to appeal either by written notice to Judge in CC ("Notice and Grounds") OR ask CC to "certify" case for appeal . Or you can do both. Can apply orally to CC judge with writing 14 days after. A single Lord Justice grants leave on paper, but if you are rejected you have a second hearing before the full court.

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To appeal a "terminating ruling" in CC, P must say immediately after ruling that he intends to appeal, or request an adjournment to consider. Then serve notice on Court, Appeal Court Registrar and D. Determine whether to expediate appeal (next business day) - Test: Whether you've sworn your jury, as if you don't expedite you'll hold up the jury. If non-expedited, it's 5 business days. CoA treats as any other appeal, Trial judge can grant leave (representations from P and D), and if not a single Lord Justice grants leave.

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Generally, s29 CAA states that time pending appeal counts towards sentence. However, whilst CoA can't increase sentence, it can hold that time served pending appeal won't count towards sentence (from lodging of appeal to appeal disposed of by court).

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Key difference between appeal from MC-CC and CC-CoA, from CC, appeal on conviction runs from date of conviction, and sentence runs from date of sentence; in Mags, both run from the date of sentence only.

Presence of D

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s22 CAA 1968 - D is entitled to be present at appeal if he is in custody and wishes unless:

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He is in custody and:

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Appeal is on point of law alone;

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Leave to appeal only.

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Proceedings are preliminary or incidental to main appeal;

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In custody by reason of NG by reason of insanity, or disability;

Unless CoA give him leave to be present. NB: CoA may make live link direction, but must give parties opportunity to make representations, it may rescind at any time. To appeal such a decision, Notice of Appeal must be served on Registrar within 7 days after decision (if represented at hearing), or decision served (if unrepresented at hearing) per r68.12.

Powers on Appeal

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