A Level Law Practice Exam

What may lead to permission for an appeal from the Crown Court?

1. If there are mitigating factors

2. If new evidence is discovered

3. If the sentence appears too lenient

4. If there is public interest

The correct answer is: If new evidence is discovered

Permission for an appeal from the Crown Court can be granted when new evidence is discovered. This is significant because the discovery of new evidence can potentially impact the outcome of the case, possibly suggesting that the original verdict was unsafe. The courts generally require a strong basis for reopening a case, such as substantial evidence that was not available during the trial. New evidence must have the potential to change the outcome of the case to warrant an appeal, which distinguishes it from other considerations like mitigating factors or public interest, which may not necessarily provide a sufficient basis for appeal on their own. Mitigating factors typically influence sentencing but do not inherently question the validity of the original trial verdict. Similarly, while a sentence being seen as too lenient might raise concerns regarding justice, it does not directly pertain to the grounds for an appeal based on procedural or evidential issues. Public interest might suggest a need for a review, but it is not a formal ground for permission to appeal in criminal cases like the introduction of new evidence would be.