Criminal appeals in Northern Ireland
Northern Ireland's nidirect guidance describes criminal appeals as allowing a defendant convicted in the Crown Court to challenge the conviction, the sentence, or both.
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Nidirect describes the Criminal Cases Review Commission as a further review route for a defendant who has completed the whole appeal process and believes there has been a miscarriage of justice.
VerifiedThe Criminal Cases Review Commission describes its referral threshold as a real possibility that an appeal court will quash the conviction or reduce the sentence.
VerifiedFor appeals from the Crown Court, nidirect identifies the Court of Appeal as the court hearing the challenge and lists three possible conviction outcomes: quashing the conviction, meaning deciding it is wrong; ordering a retrial; or leaving the conviction in place.
VerifiedThe Criminal Cases Review Commission describes legal powers to obtain documents from public and private bodies in Northern Ireland, England and Wales, including police, prosecution and court records. Its described investigative methods include analysing evidence, considering new case law, instructing scientific experts, and tracing and interviewing witnesses.
VerifiedNidirect describes a route for reviewing an apparently unduly lenient Crown Court sentence for certain serious offences: the Director of Public Prosecutions can refer the case to the Court of Appeal.
VerifiedThe Criminal Cases Review Commission distinguishes its investigative and referral role from the appeal courts' decision-making role: it says only appeal courts can overturn a conviction or reduce a sentence, and a case it refers must be heard by the court.
VerifiedNidirect describes a different route for an appeal against a magistrate's court conviction: the whole trial is heard at the county court before a judge, and witnesses will most likely need to give evidence again.
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