INFORMATION ABOUT APPEALS FOR VICTIMS OF CRIME AND THEIR FAMILIES

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1 Who deals with appeals? INFORMATION ABOUT APPEALS FOR VICTIMS OF CRIME AND THEIR FAMILIES The Court of Appeal Criminal Division deals with appeals by defendants against their conviction at the Crown Court or against the sentence they were given at the Crown Court. It also deals with cases referred by the Attorney General if the Attorney considers that the sentence given at the Crown Court was unduly lenient. The Criminal Appeal Office ( CAO ), which is headed by the Registrar of Criminal Appeals, provides administrative and legal support to the Court of Appeal Criminal Division. The CAO Customer Service team can be contacted for assistance with any queries and to gain information about the progress of cases - phone: or fax: or e mail: criminalappealoffice.generaloffice@hmcts.x.gsi.gov.uk. The address for correspondence is given at the end of these notes. What generally happens in an appeal? Occasionally the Registrar of Criminal Appeals will refer a case straight to the Court for an immediate hearing in public. However, in most cases, the appeal process consists of two parts: i) an application for leave (permission) to appeal and then ii) the appeal itself. For the first stage, the CAO makes sure it has all the necessary case papers so that a High Court judge (known as a Single Judge ) can decide whether to grant or refuse leave (permission) to appeal. The judge will consider the grounds of appeal and if the judge thinks there may be merit in what the defendant (known, at this stage, as the applicant ) is saying, he or she will usually grant leave to appeal. At this point the second stage of the appeal process begins: The CAO will prepare the case for the hearing of the appeal by the full Court of Appeal and there will be a barrister representing the defendant (now known as the appellant ) to speak on his / her behalf. If, however, the Single Judge refuses leave to appeal, the applicant will be informed of this and s/he may decide to renew the application. If the applicant does renew, the case will still prepared for a hearing before the full Court of Appeal but legal aid will not be granted for the applicant to be represented by a barrister. The full Court may decide to refuse the application, in which case the matter is finished. If the full Court decides to grant an application which has been renewed, the judges will usually give their reasons for their decision but take no further action that day. The case will be adjourned and then prepared for the appeal to be heard at a later date by the full Court. Please note, however, that on some occasions, when the full Court of Appeal is hearing a renewed application for leave to appeal against sentence, the Court may decide to grant leave to appeal (the first stage of the process) then go on immediately to consider the appeal itself (the second stage of the process). Any Personal Statement from a victim / their family which was produced for the Crown Court proceedings should have been sent to the Court of Appeal, with the other trial papers, when the appeal was started off. However, a victim or member of their family can lodge, or update, a Personal Statement with the CAO at any time during the appeal proceedings. This is best done in good time before the hearing, so the judges have time to read the statement beforehand, but it is possible to send in a statement at any time up to the day before a hearing. The full (final) hearing of an appeal is held in public and victims/their families can come to court if they wish. Details about this are provided later in these notes.

2 What happens in court? Usually, 3 Judges will hear the case (a Lord Justice of Appeal who in some instances will be the Lord Chief Justice - and two High Court Judges). On some occasions, a sentence appeal will be heard by two Judges. If a defendant is appealing against conviction, the Prosecuting Authority (usually the Crown Prosecution Service CPS ) will attend the full Court hearing and barristers will represent the prosecution and defence. If a person is appealing against their sentence only, the defence will be represented by a barrister but it is not usual for the Prosecution to be represented. However, the Criminal Appeal Office informs the prosecution that the hearing will be taking place so that they can decide whether or not they want to come along. If the applicant is not going to be represented by a barrister, the Prosecution won t be able to have their barrister speak to the Court. The judges read the case papers before they come into court. The Court of Appeal will not go through the case in full, listening to all the evidence. Instead, the Court will hear submissions about the law from the defence barrister (and from the prosecution if they are also attending). It is very rare for there to be any witnesses giving evidence at the Court of Appeal and if any evidence is given, it is usually by expert witnesses e.g. doctors, psychiatrists, forensic experts. It would be extremely rare for someone who has been the victim of an offence (or their family) to be asked to speak or give evidence to the court. Why might a defendant appeal against his / her conviction? If someone is appealing against their conviction, they will be asking the court to quash the conviction because it is unsafe. There are various reasons why they might claim the conviction is unsafe and the following are a few examples: New evidence has come to light since the trial which, if it had been available at the time of trial, would probably have meant the appellant would not have been convicted eg scientific advances in use of DNA evidence The judge was unfair in the way s/he summarised ( summed up ) the case for the jury or the judge didn t follow the written guidance which is provided for all judges so that they summarise legal points correctly for the jury. The judge made a decision of some sort during the case which was not fair or was not correct in law eg about whether a particular piece of evidence could or could not be mentioned to the jury. The normal procedures for ensuring a fair trial weren t followed, which might mean the conviction isn t safe. Why might a defendant appeal against his / her sentence? Again, there may a variety of reasons why the appellant feels the sentence s/he was given was excessive. The following are some examples: Looking at guidelines given by the Sentencing Council (or guidance given by the Court of Appeal) for this type of offence, the judge was too severe when sentencing in view of the specific facts of this particular offence The judge was unfair and gave a lesser sentence to one of the co-defendants The judge didn t take enough account of the appellant s particular circumstances eg the fact that s/he had no previous convictions and the offence was committed when s/he was quite young.

3 How does the Court of Appeal try to make sure victims know there s an appeal going on? When a new case is received When a new application is received by the Criminal Appeal Office ( CAO ), a letter is sent to the prosecutor. The Prosecution will not usually take any action to inform victims or their families at this time because in around 70% of cases, leave to appeal will be refused by the Single Judge and the matter won t go any further. However, if staff at the CAO receive a phone call from the media or become aware that the newspapers have shown an interest in whether there s going to be an appeal, they will write to the relevant Witness Care Unit ( WCU ) to tell them an appeal has been received. The WCUs are offices, usually consisting of a mixture of police and CPS staff, which will have been in contact with victims, their families and other witnesses during the Crown Court proceedings. It is their responsibility to liaise with the victim and/or their families about appeal cases as well. They will often do this through the police officer who was in charge of the case for the Crown Court proceedings. Depending upon the circumstances (including any wish expressed by the victim) the WCU will decide whether to pass on to the victim or their family the up to date information about the case. If bail is granted before the appeal is dealt with in court In all cases which involve a victim directly affected by a crime, the Criminal Appeal Office will send a Victim Notification to the relevant WCU if the applicant is granted bail before the appeal is dealt with in court. It is extremely rare for bail to be granted. If a case is going to be dealt with at a hearing open to the public As soon as staff at the Criminal Appeal Office ( CAO ) know that a case is going to be heard in public before the full Court of Appeal, they will send a letter to the relevant WCU warning that the case is being prepared for a hearing. The letter invites the WCU to inform the CAO if they feel the victim may want to be kept informed of developments and whether or not the victim will be attending the hearing. This is so that arrangements can be made to accommodate the victim and/or their family and make their attendance at court as easy and as comfortable as possible. For example, arranging separate seating in court away from a defendant s family. When a date is set for the hearing of the appeal Unless the CAO has been told that the victim or family do not want to know anything further about the appeal, they will automatically send a Victim Notification to the relevant WCU to inform them as soon as a date has been fixed for the hearing to take place. They will also notify the WCU if the hearing date is changed. Sometimes a hearing date is set or has to be changed at very late notice (eg the evening before the hearing was due to take place.) WCUs are therefore asked to provide the CAO with emergency contact details for a victim or family if they are intending to come along to court. This is so the CAO can phone them if anything changes at the last minute. If the Full Court of Appeal makes a final order or grants leave to appeal. A copy of the court s order will be sent to the WCU by e mail with a Victim Notification telling the WCU the result of the hearing. This is usually sent on the next working day after the hearing and the Victim Notification includes a pro forma so that the victim or family can request a copy of the reasons given in Court by one of the judges for their decision ( judgment ) A CAO contact telephone number is supplied on the Victim Notification form for use by the WCU in case they need to find out the result of a hearing as a matter of urgency and don t want to wait for the Victim Notification to arrive.

4 What do I need to know if I m coming to Court or want to know what happened in Court? Please note that if leave to appeal has been granted, the appellant has the right to be present when the appeal is heard. It is becoming more common for an appellant to be present by watching and listening to the court proceedings over a video link to the prison. However, some appellants who are in custody are brought from prison in order to attend the hearing. They will sit in a dock throughout the hearing but please note that the dock is at the front of the court room and the defendant will often be in clear view from the public seating area. Hearings usually take place in courts 4 to 9 within the Royal Courts of Justice, Strand, London WC2A 2LL. The nearest tube station is Temple (Circle & District line) but Chancery Lane (Central line) and Holborn (Central and Piccadilly lines) are also nearby. The CAO Customer Service team may be able to assist with further information see contact details mentioned previously. If the CAO Customer Service Team is informed that a victim/family will be attending and if it is known that the appellant or their family/friends are attending as well, arrangements can be made to seat the parties separately. Usually this would involve seating the victim s family in the upstairs gallery. A copy of the full Court s judgment in a case can be made available to victims/their families free of charge. The judgment is usually published around 6 weeks after the date of the hearing (because it must be approved by the judges before publication.) *** Please note that that there is no loudspeaker system at the Royal Courts of Justice to announce which case is going to be heard next. With this in mind, and unless you have any other arrangement in place, you should make yourself known to the Court usher (or clerk in the usher s absence) upon arrival, so that the usher can let you know when to come into the courtroom. In addition, Court hearings occasionally start at 10:00am, rather than 10:30. Please ensure that you check with our Listing Office ( ) what time Court starts before planning your journey *** If you have a disability or particular needs, please contact the Customer Service Officer on to discuss assistance which may be available. For example, it is possible for us to arrange for use of a wheelchair or provide route maps showing disabled access facilities. Additional information about facilities at the Royal Courts of Justice is available on our website at: What other support is available to me? The Citizens Advice Witness Service is available on request for use by witnesses, victims and their families. The Citizens Advice Witness Service offers practical and emotional support to those who wish to attend the appeal or be informed of the outcome. It is managed by a co-ordinator who has access to a small pool of volunteers who already provide a similar service at the Crown Court. The current co-ordinator is Linda Harlow and the service can be contacted by phone on or or by centralcriminal.cc@cawitnessservice.cjsm.net. They have access to a small room near the courtrooms in the Royal Courts of Justice so that victims / their families can have some privacy / security whilst waiting for the case to be heard. The Citizens Advice Witness Service operates a totally confidential service and its work includes providing: Basic information on court procedure and layout Someone to listen to and empathize with people s concerns and anxieties Support at the appeal if requested Explanation of legal jargon or decisions Referral on, if appropriate, to local community based services within Citizens Advice Witness Service or another agency. The Citizens Advice Witness Service cannot offer legal advice, give an opinion on the likely outcome of a

5 case or comment in court on the effects of the crime on the victim. What if I have a comment or a complaint I want to make? These notes have been created following consultation with Victim Support and the Probation Service. If you feel it would be helpful to include any further details or if you feel that any information is incorrect, please inform the Criminal Appeal Office Customer Service Manager (see contact details later). The HM Courts and Tribunals Service leaflet EX343 I want to complain sets out all the details concerning this. You can find a copy of this leaflet on the Justice website at A copy will be supplied on request if you speak to one of our Customer Service Officers ( ) or write to the Customer Service Officer, Criminal Appeal Office, Royal Courts of Justice, Strand, London, WC2A 2LL or make your request by e mail to: Criminalappealoffice.generaloffice@hmcts.x.gsi.gov.uk If you are not satisfied with the standard of service you have received from us you should in the first instance write to the Customer Service Manager at the address given above or via the address. The Customer Service Manager will look into the complaint and provide you with a reply. If you are not satisfied with the response you receive, please ask us to tell you who next to contact. Criminal Appeal Office welcomes any comments or suggestions for change. All comments, suggestions and general enquiries should be addressed to: Customer Service Manager General Office, Room E240 Criminal Appeal Office Royal Courts of Justice Strand London WC2A 2LL Please note that if your comment or complaint relates to any of the accommodation facilities, the Criminal Appeal Office will pass the details to the Estates team for them to respond to you.