Appeals - Magistrates' Decisions Flashcards
(12 cards)
What is the main purpose of Section 142 of the Magistrates’ Court Act 1980?
A. To allow magistrates to correct mistakes in law or procedure
B. To permit appeals on facts to the Crown Court
C. To request a judicial review
D. To reverse Crown Court decisions
A. To allow magistrates to correct mistakes in law or procedure
Explanation: Section 142 gives magistrates the power to vary or set aside their own decisions where a legal or procedural mistake has occurred.
Which of the following is NOT a valid ground for appeal by way of case stated?
A. Magistrates made an error of law
B. The magistrates exceeded their jurisdiction
C. There was bias during the trial
D. The wrong legal test was applied
C. There was bias during the trial
Explanation: Allegations of bias are typically dealt with via judicial review, not case stated.
What is the deadline to appeal from the magistrates’ court to the Crown Court?
A. 7 days from conviction
B. 10 calendar days
C. 15 business days from sentence
D. 28 days from charge
C. 15 business days from sentence
Explanation: Appeals to the Crown Court must be lodged within 15 business days from the date of sentence, not conviction.
Daniel pleads guilty in the magistrates’ court and is fined. He believes the fine is too high. What can he do?
A. Apply for judicial review
B. Appeal to the Crown Court against conviction
C. Appeal to the Crown Court against sentence
D. Use an appeal by way of case stated
C. Appeal to the Crown Court against sentence
Explanation: A guilty plea limits appeals to sentence only. Crown Court is the correct route for this.
After a conviction in her absence, Fatima appears days later with medical proof she was in hospital on the trial date. What should happen?
A. Appeal to the Crown Court
B. Apply under s142 to set aside the conviction
C. Apply for judicial review
D. Appeal by way of case stated
B. Apply under s142 to set aside the conviction
Explanation: Where a clear procedural mistake occurred (e.g. genuine absence), the court may set aside the conviction under s142.
A magistrates’ court convicts a defendant of assault. The defendant wants to argue that the officer was not acting in the execution of duty. What is the best route?
A. Judicial review
B. Appeal to the Crown Court
C. Case stated appeal
D. Rehearing in the High Court
C. Case stated appeal
Explanation: Whether an officer was acting in the execution of duty is a question of law, suitable for case stated.
Liam is convicted and sentenced by magistrates. He believes the decision was legally flawed, and also that he was denied a fair hearing. What should he do?
A. Apply under s142
B. Appeal to the Crown Court only
C. Apply for judicial review
D. Pursue both case stated and judicial review depending on issue
D. Pursue both case stated and judicial review depending on issue
Explanation: Case stated for legal errors; judicial review for procedural unfairness such as bias or breach of natural justice.
A defendant appeals a conviction to the Crown Court. What happens to the sentence if the appeal fails?
A. It stays the same
B. It must be reduced
C. It can increase or decrease
D. It is automatically void
C. It can increase or decrease
Explanation: On appeal, sentence is “at large,” meaning it can be confirmed, increased, or reduced.
Which of the following statements about judicial review is correct?
A. Judicial review applies to disputes of fact only
B. Magistrates decide whether judicial review is appropriate
C. Judicial review must be brought within 6 months
D. It may be used where there is unfairness or Wednesbury unreasonableness
D. It may be used where there is unfairness or Wednesbury unreasonableness
Explanation: Judicial review is appropriate where decisions are irrational, unfair, or procedurally improper.
What must a magistrates’ court include in its Notice of Appeal to the Crown Court?
A. The name of the judge assigned to the trial
B. A summary of the original sentencing speech
C. The issue(s) raised and case details
D. A list of witnesses who were absent
C. The issue(s) raised and case details
Explanation: CrimPR Part 34 requires the appeal notice to summarise the issue and state the conviction/sentence appealed.
What is the effect of an appeal by way of case stated on the right to appeal to the Crown Court?
A. It enhances the right
B. It preserves the right
C. It replaces the right
D. It invalidates the right
D. It invalidates the right
Explanation: If a party appeals by way of case stated, they lose their right to Crown Court appeal under s108.
In what circumstance can a suspended sentence be imposed by magistrates’ court?
A. Where the term is less than 14 days
B. Only when authorised by the Crown Court
C. For any term between 14 days and 6 months
D. For any offence
C. For any term between 14 days and 6 months
Explanation: Magistrates may impose suspended sentences only where the custodial term is 14 days to 6 months.
