THE CROWN COURT

The Crown Court, unlike the magistrates’ court, is not a local court, but a single court which sits in over 90 centres. The Crown Court is part of the Supreme Court, which is defined as including the Court of Appeal, the High Court of Justice and the Crown Court. For the purposes of the operation of the Crown Court, England and Wales are divided into six circuits, each with its own headquarters and staff. The centres are divided into three tiers. In first tier centres, High Court judges hear civil and criminal cases, whereas circuit judges and recorders hear only criminal cases. Second tier centres are served by the same types of judge but hear criminal cases only. At third tier centres, recorders and circuit judges hear criminal cases only

Jurisdiction

The Crown Court hears all cases involving trial on indictment. It also hears appeals from those convicted summarily in the magistrates’ courts. At the conclusion of an appeal hearing, the Crown Court has the power to confirm, reverse or vary any part of the decision under appeal  If the appeal is decided against the accused, the Crown Court has the power to impose any sentence which the magistrates could have imposed, including one which is harsher than that originally imposed on the defendant.

CRIMINAL APPEALS

The process of appeal depends upon how a case was originally tried, that is, whether it was tried summarily or on indictment. The following sets out the various routes and procedures involved in appealing against the decisions of particular courts. The system of criminal appeals will undergo some changes during 2005 as a result of the CJA 2003, although the timetable of changes is not yet certain.

Appeals from the Crown Court

Appeals from this court lie to the Court of Appeal which hears appeals against conviction and sentence. The court hears around 8,000 criminal appeals and applications each year.

            Appeals may be made by the defence against conviction, but the prosecution cannot appeal against an acquittal. Under s 36 of the CJA 1972, the Attorney General can refer a case which has resulted in an acquittal to the Court of Appeal where he believes the decision to have been questionable on a point of law. The Court of Appeal only considers the point of law and, even if its finding is contrary to the defendant’s case, the acquittal is not affected. This procedure merely clarifies the law for future cases.

            The Criminal Appeal Act 1995 introduced significant changes to the criminal appeal system. Section 1 of this Act amended the CAA 1968 so as to bring appeals against conviction, appeals against a verdict of not guilty by reason of insanity and appeals against a finding of disability on a question of law alone into line with other appeals against conviction and sentence Now, all appeals against conviction and sentence must first have leave of the Court of Appeal or a certificate of fitness for appeal from the trial judge before the appeal can be taken. Before the new Act came into force, it was possible to appeal without the consent of the trial judge or Court of Appeal on a point of law alone.

            The law now requires the Court of Appeal to allow an appeal against conviction if it thinks that the conviction, verdict or finding is unsafe

            Where there is an appeal against sentence, the court may confirm or alter the original sentence by way of changing the terms or substituting a new form of punishment. It cannot increase the sentence on appeal. However, under the CJA 1988, the Attorney General may refer indictable only cases to the Court of Appeal, where the sentence at trial is regarded as unduly lenient. In such circumstances, the court may impose a harsher sentence.