Appeals form the Magistrate's Court Flashcards
(26 cards)
How many appeal routes are there?
2 - To the Crown Court or to the QBD (High Court)
The appeal must be made within 28 days of conviction.
Who can only make appeals to the Crown Court?
Only available to defence
Right = automatic
Leave doesn’t t need to be given
When appealing to the Crown court, what can the D appeal against?
If pleaded G, only appeal against sentence
If pleaded NG, can appeal against their sentence and/or conviction
Who hears an appeal made to the Crown Ct?
Case is completely reheard (retrial)
Judge + 2 magistrates
Who are case stated appeals usually heard by? (What Ct)
The QBD (Divisional court)
Who can make appeals to the QBD?
Used by both prosecution (against acquittal) + defence (against conviction)
The challenge = against Mag misapplying law
Cannot be used to challenge sentence
Where can an appeal to the QBD be made from? (2)
- Direct from Mag Ct
2. Follow an appeal form Crown Ct
What is questioned in case stated appeals?
Question points of law only
Based on mistake being made in application of law
What can the Ct do to a sentence in case stated appeals?
Usually heard by 2/3 High Ct judges
May uphold, vary/ reverse the decision
If = against acquittal, may send back to Mags to implement correct legal decision
Can appeals that are made to the QBD challenge a sentence?
No
Is it possible to make a further appeal from the QBD?
Yes
Further appeal can be made to Supreme Ct
Such appeal made if:
a) Divisional Ct certifies point of law = matter of public importance
b) Divisional/ Supreme Ct due to fact point of law should be considered by Supreme Ct
What is the ‘normal’ route of appeals?
To the Crown Ct
Is the right to make an appeal to the crown court automatic?
Yes
No leave has to be given
Are any witnessed called to case stated appeals?
No
Heard by 2/3 High cts judges
When can the QBD give leave for an appeal to be made to the Supreme Ct? (2)
a) If point of law in question = should be considered by the supreme Ct
b) If divisional Ct certifies that = matter of public importance
What issue was raised in C v DPP (1994)?
Children having criminal responsibility
What was held in C v DPP (1994) by the Supreme Ct?
Shouldn’t be presumed that children 10-14 knew the difference between right and wrong
therefore, criminal acts won’t always result in prosecution
QBD wanted to change this
Supreme Ct: bound by precedent, didn’t have liberty to change the law
Give an example of when a case was referred to the Supreme Ct from the QBD?
C v DPP (1994)
What is ‘leave’?
Permission to appeal from a CA judge
What can the Crown Ct do to an appeal against a conviction/ sentence?
Can either uphold/ reverse the decision
Can vary the decision in spam cases
e.g find D G of lesser offence
Is appeal = against sentence, in/decrease it
CANNOT INCREASE beyond the max powers of Mag Ct
What act was the Magistrates Court Act 1980 amended by?
Criminal appeals Act 1995
What does s142 of the Criminal Appeals Act 1995 state?
The Magistrates Court can rectify an error where it would be in the interests of justice to do so
Where are the rules on leave contained?
Criminal Appeals Act 1995
What are the rules on leave under the Criminal Appeals Act 1995? (2)
a) Shall allow an appeal against conviction if they think that the conviction = unsafe
AND
b) Shall dismiss an appeal in any other case
