Reviewing the Function of Criminal Appeals in England and Wales

Roberts, S. 2017. Reviewing the Function of Criminal Appeals in England and Wales. Institute of Law Journal. 1, pp. 3-27.

TitleReviewing the Function of Criminal Appeals in England and Wales
AuthorsRoberts, S.
Abstract

Recently, there have been considerations for reform of criminal appeals in both England and Wales and Jersey. The Court of Appeal (Criminal Division) in England and Wales has been criticised for not fulfilling the role intended for it as it has proved to be deficient in identifying and correcting miscarriages of justice. Three main reasons have been suggested as to why this occurs and they are that the Court has shown too much deference to the jury verdict, undue reverence for the principle of finality, and a lack of resources has led to the fear that too many appellants will appeal and the Court will not be able to cope. This article acknowledges that these areas have caused problems for the Court but it seeks to argue that it was their influence prior to the Court of Criminal Appeal’s creation that has caused the problems because it was due to these factors that it was created as a court of review. Therefore, this article argues that the Court’s function of review (and not its powers) lies at the heart of the problem and this should be considered in any law reform process in England and Wales and Jersey.

KeywordsCriminal appeals, miscarriages of justice, wrongful convictions,
JournalInstitute of Law Journal
Journal citation1, pp. 3-27
Year2017
PublisherInstitute of Law Jersey
Accepted author manuscriptStephanie Roberts Jersey submission 3rd June final submission.pdf
Web address (URL)https://www.jerseylaw.je/publications/Pages/iol20171.aspx
Publication dates
Published08 Sep 2017

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