Referendum..Rellevant??

djflawless

Just a quick thaught is all
It may be relevant, maybe not.
But if this new court of appeals is voted thru, will it have any affect on people who are appealing licence decisions?

Say for example, (im open to correction here) if a poacher gets caught and or prosecuted, they can appeal the prosecution/rights to have a firearms cert thru the high courts.

If C.o.appeals gets voted thru, is this where poachers will be sent to appeal?
And same principal for someone with revoked licences etc
Im presuming it is

If this thread is irrelevant to hunting thread i apologise

Cass

I don't claim to fully understand it all, but afaik the court of appeal is only to create a dedicated court of appeal.

In your scenario a poacher or anyone convicted of a crime has the right to appeal (again my legal knowledge may not be entirely accurate). These appeals occur in the High Court or Supreme Court. As a result they are overworked dealing with appeals and "normal" cases. This results in massive delays for people awaiting an appeal.

So the vote today is to lessen the burden on the higher courts by introducing a court of appeal that would deal with these cases. It does not mean appeals cannot be heard in the higher courts just that they need not be tied up with numerous cases of appeal.


I am utterly open to correction on any inaccuracies in the above.

Enjoylife

Except, of course, that the new court, is going to be inserted between the High Court, and the Supreme Court.

Perhaps, it a derisory ruse, by politicians, to kick the can further down the road as to when the truth about the 60bn and the bailout will out.

Now, maybe I'm a little cynical, but they have transferred same onto our Grandchildren's heads, after all. So if recent history, is indicative of future events, then perhaps the politicians that proposed this (radical change to our justice system), may not be as altruistic as someone that is not well-versed in Politics, might assume.

Of course, the 70+ changes that the first referendum today, makes to our Constitution, may not cut it to ribbons...... Maybe they are trying to help us!

Pro Hoc Vice

djflawless wrote: »

Just a quick thaught is all
It may be relevant, maybe not.
But if this new court of appeals is voted thru, will it have any affect on people who are appealing licence decisions?

Say for example, (im open to correction here) if a poacher gets caught and or prosecuted, they can appeal the prosecution/rights to have a firearms cert thru the high courts.

If C.o.appeals gets voted thru, is this where poachers will be sent to appeal?
And same principal for someone with revoked licences etc
Im presuming it is

If this thread is irrelevant to hunting thread i apologise

I'm not really understanding your post, but I think the question relates to criminal conviction I'm answering under that assumption.

If a person is convicted in the DC they have a automatic right to a de novo (rehearing) appeal in the circuit court. That is usually the end of the matter. If the person is tried on indictment (jury trial) in the circuit court, then there is a appeal only on a point of law to the Court of Criminal appeal, with rare appeals again on point of law to the Supreme Court, appeal to SC in such circumstances is not automatic.

The constitutional amendment will have little impact on criminal matters, other than the Court of Criminal Appeal being abolished and its role been taken over by the Court of Appeal.

djflawless

Im not really in the knowledge when it comes to law etc but all i was thinking was for the likes of poachers etc appealing thier decisions

is it not done thru an appeal to the high courts as it is?

Pro Hoc Vice

djflawless wrote: »

Im not really in the knowledge when it comes to law etc but all i was thinking was for the likes of poachers etc appealing thier decisions

is it not done thru an appeal to the high courts as it is?

That depends I assume most poaching cases are in the District Court only automatic right of appeal to Circuit Court, there in almost all cases it will end. This referendum will have no effect on such a case.