Appeals in Criminal Law: Comprehensive Guide for Further Education

Question 1

What is the difference between an appeal against conviction and an appeal against sentence in England and Wales?

Accepted Answer

An appeal against conviction challenges the verdict, while an appeal against sentence challenges the severity of the punishment.

Answer

An appeal against conviction can only be brought on a point of law, while an appeal against sentence can be brought on any ground.

Answer

There is no difference between the two types of appeal.

Answer

An appeal against sentence can only be brought if the defendant has already appealed against conviction.

Question 2

What is the legal test applied by the Court of Appeal when considering an appeal against conviction in England and Wales?

Accepted Answer

Whether the conviction is unsafe and unsatisfactory

Answer

Whether the defendant is innocent

Answer

Whether the trial was fair

Answer

Whether the evidence was admissible

Question 3

What is the role of the Criminal Cases Review Commission in England and Wales?

Accepted Answer

To investigate potential miscarriages of justice

Answer

To hear appeals against conviction

Answer

To provide legal advice to defendants

Answer

To review the sentences of prisoners

Question 4

Which of the following is NOT a ground for appealing a conviction in a criminal case?

Accepted Answer

The defendant was convicted by a jury

Answer

The defendant's guilt was not proven beyond a reasonable doubt

Answer

New evidence has come to light that could exonerate the defendant

Question 5

What is the first step in the appeals process?

Accepted Answer

Filing a notice of appeal

Answer

Preparing written arguments

Answer

Hiring a new attorney

Answer

Obtaining a transcript of the trial proceedings

Question 6

Which court hears appeals from Crown Court convictions?

Accepted Answer

Court of Appeal

Answer

Supreme Court

Answer

Magistrates' Court

Answer

High Court

Question 7

What is the purpose of a leave to appeal application?

Accepted Answer

To request permission from a higher court to hear an appeal

Answer

To file a new piece of evidence

Answer

To request a retrial of the case

Question 8

Which of the following types of sentences is NOT appealable?

Accepted Answer

Absolute discharge

Answer

Conditional discharge

Answer

Fine

Answer

Suspended sentence

Question 9

What is the time limit for appealing a conviction in a criminal case?

Accepted Answer

28 days

Answer

14 days

Answer

90 days

Answer

There is no time limit

Question 10

Which of the following is a ground for appealing a sentence?

Accepted Answer

The sentence is manifestly excessive

Answer

The defendant has previous convictions

Answer

The defendant is a first-time offender

Question 11

What is the role of the Court of Appeal in criminal appeals?

Accepted Answer

To review the trial record, hear legal arguments, and determine whether the conviction or sentence should be upheld, overturned, or varied

Answer

To hear new evidence and witnesses

Answer

To determine the guilt or innocence of the defendant

Question 12

What is the significance of the Double Jeopardy rule in relation to criminal appeals?

Accepted Answer

It prevents a person from being tried twice for the same offence

Answer

It allows the prosecution to appeal against an acquittal

Answer

It gives the defendant one opportunity to appeal their conviction

Question 13

What is the initial step in the process of appealing a criminal conviction or sentence?

Accepted Answer

Lodging an appeal notice.

Answer

Preparing written submissions.

Answer

Applying for leave to appeal.

Answer

Attending a hearing.

Question 14

Which court has jurisdiction to hear appeals against convictions from the Crown Court in England and Wales?

Accepted Answer

Court of Appeal (Criminal Division).

Answer

High Court.

Answer

Supreme Court.

Answer

Magistrates' Court.

Question 15

What is the primary role of the Court of Appeal in relation to appeals against conviction?

Accepted Answer

To review the trial record and determine whether there were any errors that warrant quashing the conviction.

Answer

To retry the defendant.

Answer

To determine the appropriate sentence.

Question 16

Which of the following is **not** a right of appeal in criminal cases?

Accepted Answer

Automatic right to appeal against sentence.

Answer

Right to appeal against a decision on bail.

Answer

Right to appeal against conviction.

Answer

Right to appeal against a procedural irregularity.

Question 17

What is the purpose of an appeal on a point of law?

Accepted Answer

To challenge a legal ruling made by the trial court.

Answer

To present new evidence.

Answer

To reduce the sentence.

Question 18

Which of the following is NOT a ground for appealing a criminal conviction?

Accepted Answer

The defendant's lawyer was not present at the trial.

Answer

The trial judge made a significant error of law.

Answer

New evidence has emerged that could have affected the verdict.

Question 19

What is the primary purpose of the Court of Appeal in relation to criminal cases?

Accepted Answer

To review the legality and fairness of the trial process.

Answer

To impose a harsher sentence if the original sentence is deemed too lenient.

Answer

To conduct a new trial with a different jury.

Question 20

Which of the following is a key factor considered by the Court of Appeal when reviewing a sentence?

Accepted Answer

The severity of the crime and the defendant's criminal history.

Answer

The victim's personal opinion on the appropriate sentence.

Answer

The defendant's emotional state during the trial.

Question 21

What is the typical time limit for appealing a criminal conviction in the UK?

Accepted Answer

28 days from the date of conviction.

Answer

6 months from the date of conviction.

Answer

1 year from the date of conviction.

Answer

14 days from the date of conviction.

Question 22

Which of the following is a common outcome of a successful appeal against a criminal conviction?

Accepted Answer

The conviction is quashed and the defendant is acquitted.

Answer

The defendant is immediately released from prison.

Answer

The defendant is automatically granted a new trial.

Question 23

What is the role of the Crown Prosecution Service (CPS) in the appeals process?

Accepted Answer

To represent the prosecution's case at the appeal hearing.

Answer

To decide whether to grant or deny an appeal.

Answer

To provide legal advice to the defendant during the appeal.

Question 24

Which of the following statements about appeals in criminal law is TRUE?

Accepted Answer

Appeals can be based on errors of law, procedural irregularities, or new evidence.

Answer

Appeals are only granted if the defendant is innocent.

Answer

The Court of Appeal always agrees with the original trial court's decision.

Question 25

What is the difference between an appeal against conviction and an appeal against sentence?

Accepted Answer

An appeal against conviction challenges the verdict, while an appeal against sentence challenges the length of the sentence.

Answer

An appeal against conviction is more likely to be successful than an appeal against sentence.

Question 26

How does the concept of 'double jeopardy' affect criminal appeals?

Accepted Answer

It generally prevents someone from being tried for the same offense twice, even if new evidence emerges.

Answer

It allows the defendant to appeal a conviction an unlimited number of times.

Question 27

Which of the following scenarios is MOST likely to result in a successful appeal against conviction?

Accepted Answer

The trial judge incorrectly instructed the jury on the law, and the jury's verdict was likely influenced by this error.

Answer

The defendant's lawyer made a poor closing argument, which may have swayed the jury.