Appeals by the Prosecution

Can the prosecutor appeal a verdict?

It is very common for a defendant to appeal a guilty verdict. Usually only the criminal defense can make this appeal; a prosecutor is not allowed to make a criminal appeal because it would violate the right against double jeopardy - to be put on trial twice for the same crime. Other types of appeals which occur during a trial and do not involve the verdict directly can be made by a prosecutor.

People’s Appeal

In some cases, even though the charges may be dismissed during an appeal, the prosecutor may be able to make their own appeal to bring the charges back once they have been dismissed. This is called a ‘‘People’s appeal’’. It is important to note that a People’s appeal cannot be made to a verdict of the original criminal trial because that would violate a defendant’s right against double jeopardy. It can only be made under certain circumstances where the original verdict has been overturned. If the prosecution is successful in their appeal then the case may return to the courtrooms.