Q&As

When can a criminal conviction be appealed?

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Published on LexisPSL on 16/08/2017

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • When can a criminal conviction be appealed?

An appeal against conviction can be on points of law or fact. The single test for allowing an appeal is whether the conviction is unsafe. Commonly used grounds of appeal include:

  1. errors in summing up

  2. failing to define the elements of the offence correctly

  3. failing to leave a defence to the jury for which foundations had been laid by the evidence, and

  4. failing to give an adequate direction on the burden and standard of proof

Other grounds which may render a conviction unsafe are procedural errors, such as:

  1. allowing the prosecution to amend an indictment at the risk of inj

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