Standard 10
Challenge bad decisions in court
If we think a court has made the wrong decision we will think about trying to get the decision changed.
10.1 Sometimes we can ask the court to think again (appeal) about its decision.
We can ask the court to think again when:
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We think the person accused of the crime is dangerous and should not be let out of prison until after the trial.
The crime must be a serious one. In these cases we can ask a Crown Court Judge to think again immediately. -
Sometimes a Judge stops a court case before the jury have decided if the person accused of the crime did it or not.In this case we can ask the Appeal Court to think about whether the decision was right.
We can ask the Appeal Court to do this within 24 hours. -
We can ask the Attorney General to ask the Appeal Court to think again about punishments (sentences) that are too short (unduly lenient).
We can also do this when someone contacts us to say they think the sentence was too short.
If someone contacts us to say a sentence was too short we will listen to what they say.
We will then think about the crime.
If we think the sentence was right we will not ask the Attorney General to appeal.The person who contacted us to say they didn't think the sentence was long enough can contact the Attorney General and ask her to appeal.We will tell people they can ask the Attorney General to appeal against sentences that are not long enough.
We will tell Victims or their families that they can appeal to the Attorney General if they feel a sentence is not long enough.
We have to ask the Attorney General to appeal against sentences that are not long enough within a time limit.
10.3 People accused of a crime (defendants) have more chances to ask the court to think again about their decision (appeal).
When they do this we send a Prosecutor to make sure our point of view is heard by the court.
Defendants can ask the Appeal Court to think again about their sentence.
If this happens we only send a Prosecutor to the court if the court asks us to, or in special cases.
10.4 Sometimes a person is found not guilty of a crime by a Crown Court and we think the law is not clear. In these cases we can ask the Attorney General to look at the case.
If the Attorney General thinks the law is not clear then she can ask the Appeal Court to make the law clear.
If the Appeal Court makes a decision we disagree with we can do two things.
We can ask the Appeal Court to say that part of the case needs to be thought about again by the Supreme Court.-
Or, we can ask the Supreme Court to look at the decision.If a defendant asks the Supreme Court to think about a case we send our Prosecutors to speak for us.
10.5 When a court is asked to think again about a decision we will tell the victims.
We will explain the court's decision to the victims.
Next page: Standard 11. Deal with complaints quickly and openly.
What words mean
- Accused
The accused is the person we think did the crime.- Administrative Court
- The Administrative court is a higher court. It makes decisions about the way the law is understood by Judges and Magistrates in Crown Courts and Magistrates' courts.
It also makes decisions about:
If local authorities have made the right decision about things like benefits and special educational needs.
Some immigration authority decisions.
Decisions about prisoners' rights. - Appeal
- When you appeal in a court you ask the court to change its decision.
There are rules about who can appeal, when you can appeal and which court listens to your appeal. - Appeal Court
The Appeal Court listens to appeals and decides who is right.- Attorney General
- The Attorney General is the chief legal adviser to the Government.
The Attorney General supervises the Crown Prosecution Service.
The current Attorney General is Dominic Grieve QC, MP. - Court
A court is a place where decisions are made about the law.
A court listens to evidence and decides if a person has done the crime they are accused of.- Crime
A Crime is something someone has done that breaks the law.- Crown Court
- The Crown Court listens to cases against people who are accused of very bad crimes like killing people or rape.
- Defendant
A defendant is a person accused of a crime.- High Court
- The High Court deals with very important disagreements.
It does not deal with criminal cases. - Judge
- The Judge is the head of the court who decides about things to do with the law.
In some courts the Judge decides if the defendant did the crime.
In other courts the Jury tell the Judge if they think the defendant did the crime.
The Judge makes sure the trial is fair, tells the jury about the law and decides the sentence. - Jury
- A Jury is a group of 12 men and women who listen to a trial at the Crown Court and decide if the defendant did the crime or not.
- Magistrate
Magistrates are trained volunteers who deal with about 95% of the criminal cases in England and Wales.
Magistrates make decisions in magistrates' courts. They usually work in twos or threes (called a bench). They have a legal adviser to help them with the law.- Magistrates' Court
Magistrates are trained volunteers who deal with about 95% of the criminal cases in England and Wales.
Magistrates make decisions in magistrates' courts. They usually work in twos or threes (called a bench). They have a legal adviser to help them with the law.- Not Guilty
- When a person is found not guilty it means that the court does not think they did the crime.
If a person "pleads not guilty" they tell the court they didn't do the crime they are charged with. - Prosecutor
- Prosecutors are lawyers who represent the people.
Prosecutors speak in court to accuse a person of a crime.
They show the court the evidence they have found.
They do this to protect the public. - Sentence
- Magistrates and Judges decide what sentence to give people found guilty of a crime.
A sentence is a punishment but it also tries to:
Reduce crime.
Make things better – restorative justice.
Protect the public.
Help the defendant understand what they have done and feel sorry.
Stop the defendant doing the crime again. - Supreme Court
- The Supreme Court is the highest Court in the United Kingdom.
The Supreme Court replaced the House of Lords as the highest court in the country in 2009. - Unduly Lenient
Unduly lenient refers to punishments or sentences that are too easy for the crime that has been done.- Victim
- The victim is the person the crime was done to.
