(5) The Court of Appeal in Chancery of the County Palatine of Lancaster, which heard appeals from the Chancery Court of Lancaster. (6) The Court of the Lord Warden of the Stannaries, sitting with assessors, which heard appeals from the Stannary Courts of Devon and Cornwall. (r) (7) The judicial committee of the Privy Council, to which appeals lay from the Admiralty Court, from the Channel Islands and all English courts abroad, and appeals in lunacy and ecclesiastical causes. (8) The House of Lords, which was the ultimate court of appeal from all the above courts, except the Privy Council, from which there was no appeal. Courts of Appeal since the Judicature Acts. The Supreme Court of Judicature was divided by the Judicature Act, 1873, into his Majesty's High Court of Justice and his Majesty's Court of Appeal. Both these divisions enjoy certain appellate jurisdiction under the Acts, and these, with the Court of Criminal Appeal established in 1907, the House of Lords and the Privy Council, will now be considered under the following sub-headings. The special modes, or quasi-modes, of appeal in criminal cases as they existed prior to the passing of the Criminal Appeal Act, 1907, and the effect of the latter Act in abolishing writs of error, and motions for new trials, will be found fully treated of in the Appendix. (s) The High Court of Justice as a Court of Appeal. The Divisional Court.-By the combined effect of the Judicature Acts of 1873 and 1894, in all cases where there is a right of appeal from any inferior court (viz. county courts, petty and quarter sessions, and the mayor's court in London) or person to the High Court of Justice, the appeal is to be brought in a divisional court of the High Court of Justice. The decision of the divisional court is final unless leave to appeal is given by that court or the Court of Appeal. (t) In cases where the (r) The jurisdiction of the Stannary Courts was handed over to the county courts by 59 & 60 Vict. c. 45. (8) See post, p. 512 et seq. (t) Judicature Act, 1873, s. 45; Judicature Act, 1894, s. 1 (5). decision of the High Court or its predecessor, the superior court, is by statute declared to be final, the right to appeal from the divisional court is absolutely barred. (u) This provision embraces all criminal matters in which appeal lies to the High Court, whose decision is by the Judicature Act, 1873, declared to be final, except in cases of error of law apparent upon the record. (v) A divisional court is constituted of two judges of the High Court, (w) or more if the president and two other judges of the division consider it necessary. (x) Any judge of the High Court sitting in the exercise of its jurisdiction elsewhere than in a divisional court may reserve any case, or any point in a case, for the consideration of a divisional court, or may direct any case or point in a case to be argued before a divisional court. (y) The Court of Crown Cases Reserved. This court (the jurisdiction of which has now been handed over to the Court of Criminal Appeal established in 1907, and dealt with under the next sub-heading) was originally created by the Crown Cases Act, 1848, 11 & 12 Vict. c. 78, to settle difficult points of law arising in criminal trials, and specially reserved for the decision of that court. The questions of law which might be so reserved are those mentioned in the Crown Cases Act, 1848, (z) and the decision of the court was final except in case of error of law apparent upon the record, and as to which no question had been reserved. (a) The court was composed of five or more judges of the High Court, of whom the lord chief justice was obliged to be one, unless he certified by writing under his hand, or that of his medical attendant, that he was unable to be present. (b) The jurisdiction of the court in relation to cases stated on a point of law arising in criminal trials under the Crown Cases Act, 1848, and the Judicature Act, 1873, has now been (u) App. Jur. Act, 1876, s. 20. (z) Ib. s. 100; and see post, pp. 510, 512. (b) Ib. 1881, s. 15. transferred to the Court of Criminal Appeal by the Criminal Appeal Act, 1907, (c) by which the latter court was established. Prior to the passing of the last-mentioned Act, the stating of a case on a point of law under the Crown Cases Act, 1848, was entirely at the discretion of the judge, commissioner, or justices, who tried the case. (d) Now, under the Act of 1907, where a person appeals against a conviction on a point of law alone, the Court of Criminal Appeal may require a case to be stated as under the Crown Cases Act, 1848, (e) and such a case will be heard (semble) by the Court of Criminal Appeal. The Court of Criminal Appeal. Composition. This court was established by the Criminal Appeal Act, 1907, (f) in consequence of the growing consensus of opinion as to the necessity for such a court, and as an indirect result of the committee of inquiry into the case of Mr. Adolf Beck, who was twice wrongfully convicted (viz. in 1896 and 1904) upon a criminal charge. (g) The court is composed of the Lord Chief Justice and all the judges of the King's Bench Division of the High Court of Justice, any three, or an uneven number of whom form a quorum. (h) The sittings of the court are as provided by rules of court under the Act, and the determination of the appeal is according to the majority of the judges sitting, and, except on questions of law where the court directs to the contrary, judgment is delivered by the president (viz. the Lord Chief Justice, or senior judge), and no separate judgments are delivered. The judgment of the court is final, except where the director of public prosecutions, or the prosecutor, or defendant, obtains the certificate of the Attorney-General that the decision involves a point of law of exceptional public importance, when appeal may be brought to the House of Lords. (i) Jurisdiction. The provisions of the Criminal Appeal Act, (c) 7 Ed. VII. c. 23, s. 20 (4). (d) See post, pp. 510, 512. (e) Criminal Appeal Act, 1907, 7 Ed. VII. c. 23, s. 20 (4). (ƒ) 7 Ed. VII. c. 23. (g) See as to this case the first edition of this book (1905), Appendix A., p. 417. The report of the committee did not advocate the creation of a Court of Criminal Appeal. (h) Act of 1907, s. 1, as amended by the Criminal Appeal (Amendment) Act, 1908, 8 Ed. VII. c. 46, s. 1. (i) Act of 1907, s. 1. 1907, apply to convictions on indictments, criminal informations, coroners' inquisitions, and cases dealt with by Quarter Sessions under the Vagrancy Act, 1824, the operation of the Act being similar in all cases as provided by the Act on indictments. But the Act does not apply to convictions on indictment or inquisition charging a peer or peeress, or person claiming the privilege of peerage, with any offence not lawfully triable by a Court of Assize; nor to convictions on indictment at common law in relation to the non-repair or obstruction of any highway, public bridge, or navigable river. () A person convicted on indictment (or in any of the above ways) may appeal either against conviction, or against the sentence passed. The right to appeal is, however, subject to leave of the court, or the judge who tried the case, in certain cases. (1) He may appeal against conviction without leave on any ground of appeal involving a question of law alone. But in cases where the notice of appeal does not show a substantial ground of appeal the registrar may refer the application to the Court of Criminal Appeal for summary determination, and if the court (which in this case may not be a single judge) considers the appeal frivolous or vexatious, it may (without adjourning the matter for full hearing) dismiss the appeal summarily without calling on any persons to attend or to appear for the Crown. (k) (2) He may appeal against conviction with the leave of the Court of Criminal Appeal (which may be granted by one judge, who may refer to the Court of Criminal Appeal, or, if he refuses leave, the appellant may apply to the court for leave) or upon the certificate of the judge who tried him that it is a fit case for appeal, on any ground involving a question of fact, or law and fact, or any other sufficient ground. (1) (3) He may appeal against sentence with the leave of the Court of Criminal Appeal unless the sentence is one fixed by law, e.g. death in murder cases. (m) (j) Act of 1907, s. 20 (2), (3). In the latter class of cases appeal lies as from a verdict at assizes in civil actions, and not under the Criminal Appeal Act. (1) Ib. s. 3 (2). (k) Ib. ss. 3, 15 (2). (m) Ib. s. 3 (3). Procedure.-Notice of appeal (in cases where leave is not required), or notice of application for leave to appeal must be given within ten days of the date of the conviction in the manner provided by the rules of court made under the Act; and, except in cases involving sentence of death, the time may be extended at any time by the Court of Criminal Appeal or a single judge of that court. (n) The appellant may, if he so desires, present his case and argument in writing instead of by oral argument. (o) No costs are allowed on either side on appeals under the Act. (p) Powers of the Court.—(1) If the Court of Criminal Appeal allows an appeal against conviction, they must quash the conviction and direct a judgment and verdict of acquittal. The court must allow the appeal in the following cases: (a) if it thinks the verdict of the jury was unreasonable, or cannot be supported by the evidence; (b) or that the judgment should be set aside on the ground of wrongful decision of any point of law; (c) or that on any ground there was a miscarriage of justice. But though the court thinks the case might be settled in favour of the appellant, they may dismiss the appeal if they consider that no miscarriage of justice actually occurred. If the court does not allow the appeal, it must dismiss it. (g) (2) On an appeal against sentence, the court may quash the sentence and pass such other sentence in substitution as may be warranted in law by the verdict, whether more or less severe. (r) But on a plea of guilty they have no power, it seems, to substitute another sentence (R. v. Ettridge). (s) (3) If it appears to the court that the appellant has not been properly convicted on some count or part of the indictment, but has been properly convicted on some other count or part, they may either affirm the (n) Act of 1907, s. 7 (1). (p) Ib. s. 13 (1). (r) Ib. s 4 (2). (0) Ib. (q) Ib. s. 4 (1). (8) [1909] 2 K. B. 24 |