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procedure of appeal
The procedure of an appeal through the courts
| Question | Answer |
|---|---|
| Who is the only person able to appeal conviction or sentence? | The defendant ( D ) |
| Is an appeal on conviction or sentence an automatic right or not? | Appeal on conviction or sentence is a automatic right |
| If I've appealed from the Magistrates court on ground of conviction or sentence where will I be heard? | Crown court |
| I am appealing conviction or sentence, who's hearing my case? | One judge two magistrates |
| What three results can come from an appeal of conviction or sentence | The sentence can be confirmed, quashed ( got rid of ) or varied ( Increased / decreased) |
| Can I appeal twice for conviction or sentence? | No |
| If I appeal point of law where will i be heard? | High court (Queens bench division) |
| Who will hear me in an appeal of point of law | 1 High court judge |
| In an appeal of point of law will the D be retrialed ? | No the Magistrates court will prepare a case report |
| What do you need to appeal a point of law | "Leave" |
| What results can come from a appeal on a point of law | Confirm, quash or send to a lower court to retrial |
| If you appeal your verdict at the high court where will you be heard? | The supreme court |
| how many judges hear your supreme court appeal | 1-5 ( Very rarely up to 12) |
| do you need leave to appeal your point of law appeal verdict in the supreme court? | Yes |
| what sort of cases make it to the Supreme court? | Cases of major public importance |
Created by:
cwarburton
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