World Library  
Flag as Inappropriate
Email this Article

Court of Criminal Appeal

Article Id: WHEBN0004192689
Reproduction Date:

Title: Court of Criminal Appeal  
Author: World Heritage Encyclopedia
Language: English
Subject: Abdelbaset al-Megrahi, Court of Appeal of England and Wales, Abortion in the United Kingdom, Peter Baker (British politician), Criminal Appeal Reports
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Court of Criminal Appeal

The Court of Criminal Appeal is the name of existing courts of Scotland and Ireland, and an historic court in England and Wales.

Ireland

See Court of Criminal Appeal (Ireland)

The Court of Criminal Appeal hears cases which have been appealed from the Circuit Court, Central Criminal Court and Special Criminal Court. It is made up of three judges and has a majority decision. Leave to appeal is only given where there is a disagreement on a point of law, although an exception can be made when new evidence becomes available which could not have been presented before the original court.

Scotland

Following the Criminal Appeal (Scotland) Act 1926 (16 & 17 Geo. V), when the Scottish High Court of Justiciary hears criminal appeals, it is known as the Court of Criminal Appeal. The Criminal Appeal (Scotland) Act 1927 was passed the following year specifically to deal with the Case of Oscar Slater.

The court consists of at least three judges when hearing appeals against conviction and two when hearing appeals against sentence, although more judges may sit when the court is dealing with exceptionally difficult cases or those where important matters of law may be considered. This is known as a Full Bench. Appeals are heard from the High Court of Justiciary, the Sheriff Courts and the District Courts. The High Court also hears appeals in cases referred to it by the Scottish Criminal Cases Review Commission. [1]

England and Wales

Home Sec. "Oh, dear! Oh, dear! Why leave it to Me!"
Mr. P. (sympathetically). "Why, indeed? But I don't see any Help for it till we get a Court of Criminal Appeal."

Punch magazine cartoon from 1890, noting then current discussion as to the need to relieve the Home Secretary of the responsibility for determining criminal case appeals.

The Court of Criminal Appeal was an [3]

Though the court was staffed with the judges who had shown such hostility (consisting of the Lord Chief Justice and eight judges of the Queen's Bench Division of the High Court), it had a restraining effect on the excesses of prosecutors. During the period 1909–1912, there was an average of 450 annual applications for leave to appeal of which an average of 170 were granted. Of that 170, conviction was quashed in 20 percent of cases and sentence varied in another 22 per cent. Rulings of the court included limitation of the lower courts' ability simultaneously to try multiple defendants, multiple indictments and disparate counts within an indictment. The ability of the prosecution to introduce further evidence after the close of the prosecution case was curtailed as were several prejudicial practices with a defendant's previous criminal record. Further, trial judges' ability to invade the jury's role as trier of fact came under scrutiny, as did the practice of insisting that the defence proceed even in the case of an inadequate prima facie case by the prosecution. The Court also did much to refine and systematise the law of evidence.[4][5]

On 1 October 1966, the Court of Criminal Appeal was superseded by the Criminal Division of the Court of Appeal of England and Wales.[6][7]

References

  1. ^ Scottish Court Service website
  2. ^ 7 Edw. VII, c.23
  3. ^ Cornish & Clarke (1989) p.619
  4. ^ Cornish & Clarke (1989) p.620
  5. ^ Davies (1949)
  6. ^ Criminal Appeal Act 1966
  7. ^ Lord Mackay of Clashfern (ed.) (2002) Halsbury's Laws of England, 4th ed. Vol.10 (Reissue), "Courts", 634 'Divisions of the Court of Appeal'

Bibliography

This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from World eBook Fair are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.