Key to the diagram
1 Exceptional circumstances
We can refer a conviction to the Court of Appeal if there are exceptional circumstances which justify us doing so.
The following might be examples of exceptional circumstances:
- You know of new scientific knowledge which casts doubt on expert evidence given at your trial
- Your co-defendants’ cases have already been referred to an appeal court for reasons that affect your case
- You were prevented from appealing by serious threats against you or your family
- You are not able to draw up grounds of appeal because you have not been able to get access to information that a public organisation possesses.
2 Conviction: argument or fresh evidence
Where there are no exceptional circumstances we can only refer a conviction if there is new argument or fresh evidence which was not raised at trial or a previous appeal, and the condition in point 3 below is met.
3 Appeal against conviction has been determined or leave has been refused
Where there are no exceptional circumstances, but there is new argument or fresh evidence, we can still only refer a conviction if an earlier appeal against conviction has been concluded or if leave to appeal has been refused.
4 Argument or fresh information
We can only refer a sentence if there is new argument or fresh information not raised at trial or a previous appeal, and the condition in point 5 below is met.
5 Appeal against sentence has been determined or leave has been refused
Unless there are exceptional circumstances, we can only refer a sentence if there is new argument or information and an appeal against sentence has been concluded or leave to appeal has been refused.
6 Exceptional circumstances
If there is new argument or information, but no earlier appeal has been concluded and leave to appeal has not been refused, we can still refer a sentence to the Court of Appeal if there are exceptional circumstances.
7 Is there a real possibility that the conviction or sentence would not be upheld?
If the other criteria set out above have been met, we can refer the case to the Court of Appeal if there is a “real possibility” that the Court would quash the conviction or reduce the sentence.
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