Court of Criminal Appeal
Encyclopedia
The Court of Criminal Appeal is the name of existing courts of Scotland
and Ireland
, and an historic court in England and Wales
.
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.
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 Court
s and the District Courts
. The High Court also hears appeals in cases referred to it by the Scottish Criminal Cases Review Commission
.
appellate court
for criminal cases
established by the Criminal Appeal Act 1907. It superseded the Court for Crown Cases Reserved
to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judge
s and the Home Office
against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji
led to the concession of a new court that could hear matters of law, fact or mixed law and fact.
Though the court was staffed with the judges who had shown such hostility, 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 indictment
s 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.
On 1 October 1966, the Court of Criminal Appeal was superseded by the Criminal Division of the Court of Appeal of England and Wales
.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, and an historic court in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
.
Ireland
See Court of Criminal Appeal (Ireland)Court of Criminal Appeal (Ireland)
The Court of Criminal Appeal of Ireland hears appeals of indictable offences tried in the Circuit Court, the Central Criminal Court and the Special Criminal Court....
The Court of Criminal Appeal hears cases which have been appealed from the Circuit Court
Circuit Court (Ireland)
The Circuit Court is an intermediate level court of local and limited jurisdiction in the Republic of Ireland which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes...
, Central Criminal Court and Special Criminal Court
Special Criminal Court
The Special Criminal Court is a juryless criminal court in the Republic of Ireland which tries terrorist and organized crime cases. Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when "the ordinary courts are inadequate to secure...
. 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 ScottishScots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
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
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
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
Full Court
A Full Court refers to a court consisting of a greater-than-normal number of judges. Thus, in relation to a court usually presided over by a single judge, a Full Court would comprise a bench of three judges; for a court which, like many appellate courts, normally comprises three judges, a Full...
. Appeals are heard from the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, the Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
s and the District Courts
District Courts of Scotland
A District Court was the least authoritative type of criminal court in Scotland. The court operated under summary procedure and dealt primarily with minor criminal offences...
. The High Court also hears appeals in cases referred to it by the Scottish Criminal Cases Review Commission
Scottish Criminal Cases Review Commission
The Scottish Criminal Cases Review Commission is a non-departmental public body in Scotland, established by the Criminal Procedure Act 1995 ....
.
England and Wales
The Court of Criminal Appeal was an EnglishEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
for criminal cases
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
established by the Criminal Appeal Act 1907. It superseded the Court for Crown Cases Reserved
Court for Crown Cases Reserved
The Court for Crown Cases Reserved was an English appellate court for criminal cases established in 1848 to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neither did it create a right of appeal and only a few selected cases were heard every...
to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s and the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji
George Edalji
George Ernest Thompson Edalji was a solicitor from the West Midlands who became world-famous in 1907 when Sir Arthur Conan Doyle campaigned to have him declared innocent of maliciously wounding a pony in 1903....
led to the concession of a new court that could hear matters of law, fact or mixed law and fact.
Though the court was staffed with the judges who had shown such hostility, 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 indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
s 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
Criminal record
A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
. Further, trial judges' ability to invade the jury's role as trier of fact
Trier of fact
A trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...
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.
On 1 October 1966, the Court of Criminal Appeal was superseded by the Criminal Division of the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
.