Appeal MC decisions II Flashcards
(26 cards)
What is the principal ground for appealing from MC to HC for JR of the decision?
Error of law on face of the records, excess of jurisdiction, breach of natural justice
What are the examples of breach of natural justice?
- Prosecution failing to disclose a statement of a witness that might assist the defence
- MC failing to grant an adjournment to allow a witness to attend
- Failing to give D adequate time to prepare case
Who can apply for JR?
Both prosecution and defence
What is the time frame for lodging an application for JR?
Must be lodged promptly, within 3 months after grounds arose
Failing to meet this time frame can lead to rejection of the application.
Who has the power to grant bail to an applicant for JR?
Only HC
Can decisions made by CC on appeal from MC be subject to review?
Yes
What is the standard of discretion for review?
Wednesbury unreasonableness
What is the normal route for appeal from MC for an error of law?
Case Stated
Is it appropriate to seek JR just because of Case Stated’s stricter time limit?
No, it is wrong to seek JR solely for this reason
The decision should be based on the merits of the case rather than procedural time limits.
When is JR more appropriate than Case Stated?
When there is an issue of fact to be raised and decided which the justices did not decide themselves
What is the best form of appeal in relation to unfairness or bias?
JR
What is the appeal process from HC for JR?
Straight to Supreme Court
What is an appeal from MC to HC by way of case stated?
It is a process where D complains that M made an error of law or acted in excess of their jurisdiction.
What form does appeal by way of case stated take?
It takes the form of a question(s) about law or procedure which D asserts was/were wrongly decided.
What does the final ‘case stated’ include?
It includes a summary of the evidence heard at trial, legal arguments on the disputed decision, and the details of the decision itself.
How is a case stated by magistrates treated?
Once a case has been stated by the magistrates, it is treated as a civil matter for procedural purposes.
Who can appeal by way of case stated?
Both prosecution and defence can appeal by way of case stated.
When can an appeal by way of case stated be made?
Only after the final determination of proceedings.
What is the deadline for appealing by way of case stated?
The deadline is 21 days from the date of the decision sought to be appealed.
Can MC refuse to state a case?
Yes, MC can refuse to state a case if it is considered vexatious.
Where is the appeal heard?
It is heard by the Divisional Court of the King’s Bench of the HC.
Can bail be granted pending appeal?
Yes, bail can be granted pending appeal by MC, or, if refused, by the HC.
What happens if you appeal by way of case stated?
If you appeal by way of case stated, you lose your right to appeal to CC under s108.
What happens if you appeal to the CC under s108 and lose?
You can appeal by way of case stated from the CC.
