Appeal, Court of

Appeal, Court of

▪ British court
      in England and Wales, part of the Supreme Court of Judicature and the highest court below the House of Lords (Lords, House of). Its courtrooms are in London in the Royal Courts of Justice. The Court of Appeal consists of a number of lords justices (some 25 in 2003) who are legally eligible to hear appeals, the lord chief justice, the master of the rolls, and several other ex officio members who serve on a part-time basis. Three members of the court typically decide a case, though some decisions may be rendered by only two justices.

      The Court of Appeal comprises two divisions: the Civil Division and the Criminal Division. The Civil Division, which is presided over by the master of the rolls, hears appeals from the High Court, the county courts, and several other smaller tribunals. In civil appeals, the Court of Appeal proceeds by a method called “rehearing.” Under this method, the court typically does not recall witnesses or hear evidence but reviews the case from the record made at trial and from the judge's notes.

      The Criminal Division, presided over by the lord chief justice, decides appeals from the Crown Court and from courts-martial. Within the Criminal Division, courts are constituted by the lord chief justice and lords justices, with frequent assistance from High Court judges. Leave to appeal is required, and, under the Criminal Appeal Act of 1995, appeals are allowed only on the ground that the decision is “unsafe” (e.g., the evidence of the prosecution was unreliable or the defendant was inadequately represented at trial). The Court of Appeal typically does not receive fresh evidence, but it has the discretion to do so if necessary or expedient in the interests of justice. The court may uphold or reverse a lower court's decision, but it may not grant a more severe sentence than originally imposed, except in cases specifically referred to it by the attorney general in which the trial judge appears to have been unduly lenient. The Criminal Division also acts as an advisory body on points of law for the attorney general.

      In most cases, decisions of the Court of Appeal can be appealed to the House of Lords with leave from either body. When leave to appeal is not sought or granted, decisions of the Court of Appeal are final.

* * *


Universalium. 2010.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • Appeal Court — Apˈpeal Court noun [countable] another name for Court of Appeal * * * appeal court UK US noun [S] LAW ► (also appeals court) a law court that has the power to change the decision of a lower court: »Now, unless an appeal court overt …   Financial and business terms

  • appeal court — ➔ court1 * * * appeal court UK US noun [S] LAW ► (also appeals court) a law court that has the power to change the decision of a lower court: »Now, unless an appeal court overturns the judgment, the company will be split in two. ► …   Financial and business terms

  • appeal court — appeal courts N COUNT An appeal court is the same as a court of appeal …   English dictionary

  • appeal court — noun A court of law which has jurisdiction to hear appeals on points of law from the decisions of inferior courts • • • Main Entry: ↑appeal …   Useful english dictionary

  • Appeal Court — noun Appeal Court is used before these nouns: ↑judge …   Collocations dictionary

  • Court Martial Appeal Court of Canada — Coat of Arms of the Court Martial Appeal Court Established 1959 Jurisdiction Canada …   Wikipedia

  • Appeal Court — Ap peal .Court n [singular] the ↑Court of Appeal …   Dictionary of contemporary English

  • Appeal Court — noun (singular) the court of appeal …   Longman dictionary of contemporary English

  • (the) Appeal Court — the Appeal Court UK US british the court of appeal http://www.macmillandictionary.com/med2cd/weblinks/appeal court the.htm Thesaurus: law courtshyponym …   Useful english dictionary

  • Hawaii Tax Appeal Court — The Hawaii State Tax Appeal Court of the Hawaii State Judiciary has jurisdiction over cases involving property, excise, liquor, tobacco, income and insurance taxes …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”