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High Court (QBD) PowerPoint Presentation
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High Court (QBD)

High Court (QBD)

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High Court (QBD)

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  1. Supreme Court Crown Court High Court (QBD) Magistrates Court

  2. Supreme Court Court of Appeal Crown Court

  3. Supreme Court Only if a) QBD states point of law of public importance & b) QBD or Supreme Court gives leave to appeal Panel of 2/3 High Court Judges hear evidence from Crown Court/Magistrates Court. No witnesses. May confirm, vary or remit (send back) Case reheard by a judge & 2 magistrates. Can reach same decision, reverse or vary within limits of magistrates’ powers Case stated appeal (Point of Law) Crown Court High Court (QBD) Case stated appeal (Point of Law) Appeal against conviction/sentence D only P or D n.b if D pleaded guilty, can only appeal against sentence Magistrates Court

  4. Only if point of law of general public importance and leave to appeal from Supreme Court or CofA Supreme Court Can quash conviction, vary to lesser offence, decrease sentence but cannot increase. Could order retrial (rare = 50/60 cases per year) Court of Appeal If judge gives ruling that effectively stops case Refer a point of law (doesn’t affect case but creates precedent) Appeal against conviction/ sentence Against acquittal if: Jury nobbled New & compelling Evidence Against sentence Must get leave to appeal from C of A or certificate from trial judge: Criminal Appeal Act 1995: a) shall allow appeal against conviction if think it is unsafe and b) dismiss if not D P Crown Court