Appeals Flashcards
(14 cards)
What is the magistrates slip rule?
S142 Magistrates’ Court Act 1980 gives the magistrates’ court the power to vary a sentence or set aside a conviction if it is in the interests of justice to do so.
The power is a narrow one and is not intended to permit a D to argue that the decision on their case was wrong-that is a matter for an appeal.
What are the three means of challenge open to a D to challenge a magistrates court decision?
a) Appeal to the Crown Court, by way of re-hearing;
b) Appeal to the High Court, by way of case stated;
c) Application to the High Court for judicial review of the decision
What is the D’s automatic right of appeal under S108 Magistrates Court Act 1980?
An automatic right of appeal to the Crown Court from the magistrates’ against sentence (if D pleaded guilty) or against conviction/sentence (D pleaded not guilty).
When must a notice of appeal be lodged?
Within 15 business days of sentence.
Who will hear an appeal in the Crown Court?
The appeal will be heard by a judge of the Crown Court and two lay magistrates.
What are the powers of the Crown Court on appeal?
-confirm, reverse or vary the decision or any part of it;
-remit the matter with its opinion to the magistrates
-make any other order which the Court think is just
What is an appeal by way of case stated to the High Court?
S111 Magistrates Court Act 1980 provides this form of appeal can be made on the basis that the decision made was wrong in law or in excess of jurisdiction.
Outline the procedure for appeal to the High Court by way of case stated.
Either party applies to the magistrates’ court to “state a case” for the opinion of the High Court. Once stated, it is treated as a civil matter for procedural purposes and heard by the KDB of the High Court.
Appealing via this route means the automatic right to appeal under S108 Magistrates’ Court Act 1980 is lost.
What is the deadline for appeal by way of case stated to the High Court?
21 days from the date of the decision sought to be appealed.
What is the Crown Court slip rule?
S385 Sentencing Act 2020 empowers a judge to vary or rescind a sentence within 56 days of it being made. This is to save both time and money in removing the need for either party to appeal in cases where a recognisable error has been made in the sentence.
Outline the procedure and common grounds for appeals from the Crown Court.
Leave is required. Appellants need to convince a single judge that their appeal is arguable on the merits.
Common grounds include:
-wrongful admission/exclusion of evidence
-wrongful withdrawal of issues from the jury
-misdirection on law
-conduct of trial judge
-fresh evidence
-manifestly excessive sentence
What is the deadline for appeals from the Crown Court?
28 days from date of conviction/sentence.
What are the powers of the Court of Appeal for an appeal against conviction?
-quash the conviction
-order the appellant to be retried
-substitute a verdict of guilty for an alternative offence
What are the powers of the Court of Appeal for an appeal against sentence?
-quash any sentence or order
-make such order as they think appropriate but which the court below had power to pass or make
