Standard 10: Appeals
We will consider whether to exercise our rights of appeal when we believe the court has made the wrong legal decision
10.1 The prosecution has limited rights of appeal. We decide whether to appeal court decisions in the following circumstances:
a) immediately, in serious cases where magistrates grant bail and we consider that the defendant should be remanded in custody pending re-consideration of bail by a Crown Court judge;
b) within 24 hours, with the approval of a Chief Crown Prosecutor or the Head of the relevant Headquarters Division, where a judge stops a case before a jury is allowed to consider the evidence, so the case can be re-considered by the Court of Appeal as soon as possible; and
c) within a strict period of time after the sentence in the limited range of cases where we can ask the Attorney General to refer a sentence to the Court of Appeal as potentially unduly lenient. We will also refer the case to the Attorney General where someone contacts us to say that they believe the sentence is unduly lenient, unless we consider that it is not unduly lenient, when we inform the person concerned of his or her right to complain to the Attorney General directly. We also notify the victim or his or her family of his or her right to ask the Attorney General directly to refer the sentence to the Court of Appeal.
10.2 We also consider whether to use certain other appeals where we think that the court has not followed the correct procedure, made a decision that is very seriously wrong, or the law needs clarifying by a higher court.
10.3 Where a defendant appeals against a decision of a court, we allocate an advocate to represent us or assist the court, except in appeals against sentences in the Court of Appeal, when we would appear if there is a compelling reason to do so.
10.4 When the Court of Appeal has made a decision, and we wish to appeal the decision further, we decide whether to ask the Court of Appeal to certify that there is a point of law of general public importance in the case that should be decided by the Supreme Court. We also appear in the Supreme Court to assist it in deciding cases brought to it by a defendant.
10.5 We keep victims informed of the progress of any appeal, and explain the effect of the court's decision to them.
