Question | Answer |
What are the Courts of First Instance | The Magistrates Court,
The Crown Court |
What are the Appellate Courts (Appeals Courts) | The High Court,
Courts of Appeal,
Supreme Court (House of Lords) |
What is the court structure | A hierarchy- they operate using a system of "binding precedent"
E.g. if the High court makes a decision, the Crown and Magistrates court have to follow, but the Courts of Appeal and Supreme courts do not |
What is an appeal | Where a superior court examines the decision of a lower court |
Two types of appeal | Appeal against conviction/sentence,
On point of law by way of case stated |
When can you not appeal | If you have pleaded guilty |
How many times can you appeal | Once |
Is an appeal an automatic right | Yes |
What options does the higher court have when dealing with an appeal | Confirm,
Squash,
Vary (increase/decrease) |
Why do people appeal against conviction/sentence | Mistake in facts,
Sentence too harsh/wrong kind |
Why do people appeal on point of law by way of case stated | Mistake in law --> law has been wrongly applied or the law itself is wrong |
Case of appeal being varied so the punishment is harsher | Paul Chambers "Twitter Bomber" |
Liability Definition | A person is legally responsible for their acts or omissions |