Appeals and Post-Conviction Review
From the magistrates' court
A defendant may appeal against conviction or sentence to the Crown Court under s.108 MCA 1980, with notice within 21 days of sentence and without leave. The Crown Court hears the case afresh, with witnesses, and may vary the sentence, including increasing it up to the magistrates' maximum. Either party may appeal by case stated to the Divisional Court on a point of law or excess of jurisdiction (s.111 MCA 1980, 21 days), and judicial review lies for procedural error.
From the Crown Court
Appeals against conviction and sentence go to the Court of Appeal (Criminal Division) under the Criminal Appeal Act 1968, with leave of a single judge or the full court and notice within 28 days. The court allows an appeal against conviction if it is unsafe (s.2), and quashes or varies a sentence that is wrong in principle or manifestly excessive or too lenient (s.11). Fresh evidence may be received under s.23 if it could not with reasonable diligence have been obtained for the trial, appears capable of belief, and would afford a ground for allowing the appeal. A loss of time direction may follow a frivolous appeal.
Post-conviction review
The Criminal Cases Review Commission may refer a case to the Court of Appeal where there is a real possibility that the conviction or sentence would not be upheld. The Attorney General may refer an unduly lenient sentence under s.36 CAA 1968 within 28 days, and the Court may increase it. A retrial for a serious qualifying offence after acquittal requires new and compelling evidence and an order of the Court of Appeal under s.76 CJA 2003.
Traps: assuming the Crown Court on appeal can exceed its own sentencing powers; confusing the CCRC's real possibility test with the Court of Appeal's safety test. Rule of thumb: identify which court passed sentence, then whether leave is required and what the time limit is.