Law Commission issues paper on criminal appeals

Closes 30 Nov 2023

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Chapter 7: Appeals by the prosecution, third parties and the State

Question 12: Are the powers available to prosecutors to appeal decisions made during criminal proceedings adequate and appropriate?

The prosecution may appeal to the Court of Appeal against decisions made in preparatory hearings. They may also appeal “terminating” decisions made during the trial. This includes both rulings which would formally terminate or stay proceedings, but also certain other rulings if the prosecution is prepared to guarantee that if leave to appeal is not obtained or the appeal is abandoned, the defendant will be acquitted. Rulings made after the judge has started summing-up cannot be appealed in this way.

Question 13: Are the powers of the Attorney General to refer a matter to the Court of Appeal adequate and appropriate?

The Attorney General can refer to the Court of Appeal a question on a legal ruling made during proceedings where a person has been acquitted. The Attorney General can also refer to the Court of Appeal a sentence (for certain offences) if they consider it is “unduly lenient”.

Question 14: Do you have any views on the circumstances in which an acquittal might be quashed, including the law relating to acquittals tainted by interference with the course of justice?

Where a person has been acquitted by a magistrates’ court, it may be possible for the prosecution to challenge the decision by an appeal by way of case stated or judicial review.

An acquittal in proceedings on indictment can only be quashed in two circumstances: where a person has been convicted of an administration of justice offence in relating to the proceedings which resulted in the acquittal; and for a limited number of very serious offences, where there is compelling new evidence against the acquitted person.

Question 15: Do you have any views on the circumstances in which a third party might appeal a decision made in criminal proceedings?

Third parties who are affected by decisions in magistrates’ court proceedings may be able to challenge those decisions through an appeal by way of case stated or judicial review. There are limited ways in which a decision made during a trial on indictment can be challenged by third parties.