Appeals procedure

Question 1

What are the two forms of appeal available from the Magistrates’ court?

Answer 1

• against sentence or conviction - appeal to the Crown Court
• if either party believes that the magistrates were wrong in law - appeal to the High court (divisional court) by way of case stated

Question 2

Can the prosecution appeal to the crown court?

Answer 2

No, no right to appeal against acquittal or sentence

Question 3

What is the procedure for an appellant to appeal?

Answer 3

1. serve an appeal notice on the magistrates’ court and prosecution
2. must be served not more than 15 business days after the magistrates pass or defer sentence

Question 4

Does the appellant need to serve the notice of appeal within 15 business days of conviction or sentence?

Answer 4

Sentence

Question 5

Can an appellant apply for bail pending appeal?

Answer 5

Yes but the presumption of bail does not apply

Question 6

Is leave to appeal required for an appeal to the Crown court?

Answer 6

No, as long as the notice is served in time

Question 7

If the appeal is against conviction and is contested, when must the respondent submit a respondent’s notice by?

Answer 7

No more than 15 business days after the service of the appeal notice

Question 8

An appeal against conviction hearing is a complete rehearing of the whole case, yes or no?

Answer 8

Yes

Question 9

In an appeal against conviction can either party call evidence not at the magistrates’?

Answer 9

Yes

Question 10

An appeal against sentence hearing is a complete rehearing of the whole case, yes or no?

Answer 10

No, just the sentence hearing

Question 11

Who will the appeal at the Crown court be heard by?

Answer 11

A judge and between 2 and 4 lay magistrates

Question 12

On conclusion of the appeal what may the Crown court do?

Answer 12

It may confirm, reverse or vary any part of the decision appealed against

Question 13

What power does the Crown court have in way of sentencing an appeal?

Answer 13

To impose any sentence that would have been available to the magistrates’ court. It can be more or less than what the appellant originally received

Question 14

Following appeal in the Crown court against sentence or conviction can there be another appeal?

Answer 14

Both the prosecution and the defence have the ability to appeal to the High court by way of case stated

Question 15

What is appeal by way of case stated restricted to?

Answer 15

An appeal based on law and not fact

Question 16

Where is an appeal by way of case stated heard?

Answer 16

By the Administrative Court, sitting as a Divisional Court of the King’s Bench Division - ie by the High Court sitting as an appeal court

Question 17

What are appeals by way of case stated brought on the basis of?

Answer 17

That either party is aggrieved by the conviction, order, determination or other proceedings of the magistrates’ court

Question 18

What are the grounds of appeal for an appeal by way of case stated?

Answer 18

1. that the decision made by the magistrates’ court is wrong in law (misapplied the law or admitted evidence that ought to have been excluded)
2. that the decision made by the magistrates’ court is in excess of their jurisdiction

Question 19

If an appellant appeals to the High court by way of case stated, can they subsequently appeal to the Crown Court?

Answer 19

No - the right to appeal to the Crown court is lost

Question 20

What is the procedure to appeal by way of case stated?

Answer 20

1. The appellant must apply in writing for the magistrates to state the case for the opinion of the High Court.
2. This must be not more than 21 days after the decision the appellant wants to appeal was made.
3. The appellant must serve the application on the court officer and each party

Question 21

Can the magistrates refuse to state the case?

Answer 21

Yes, where they find the application to be frivolous

Question 22

What can the appellant do if the magistrates refuse to state the case?

Answer 22

They can subject it to judicial review

Question 23

If the magistrates decide to state the case for the opinion of the high court what must happen?

Answer 23

The court officer must serve a draft statement of case on each party not more than 15 business days after the court’s decision to state the case

Question 24

Is the appeal by way of case stated a re-examination of the facts of the case?

Answer 24

No, it is confined to legal arguments made and no evidence may be called

Question 25

Who hears appeals by way of case stated?

Answer 25

At least two judges but can be three

Question 26

What happens if two judges are hearing the case and they cannot agree?

Answer 26

The appeal fails and the decision of the magistrates' court stands

Question 27

On conclusion of an appeal by way of case stated, what powers does the court have?

Answer 27

1. they can reverse, affirm or amend the decision made by the magistrates' or 2. they can remit the matter to the magistrates' with the opinion of the High Court and may make such other order in relation to the matter as it thinks fit

Question 28

Where is an appeal from the High Court heard?

Answer 28

The Supreme court

Question 29

Is leave to appeal required for an appeal from the Court court?

Answer 29

Yes

Question 30

When will an appeal against conviction from the Crown Court be allowed?

Answer 30

The Court of Appeal will only allow the appeal in the event if an unsafe conviction

Question 31

Can the Court of Appeal hear fresh evidence?

Answer 31

If it is in the interests of justice to do so but an appeal will not be allowed on the grounds of introducing evidence

Question 32

If the appellant wishes to appeal their sentence what must they demonstrate?

Answer 32

The sentence was either: - wrong in law - manifestly excessive or wrong in principle

Question 33

How is leave granted to appeal to the Court of Appeal?

Answer 33

By the trial judge at the conclusion of the trial or if the trial judge does not grant leave, an application must be served on the Registrar of Criminal Appeals not more than 28 days after conviction (if appeal is against conviction) or not more than 28 days after sentence (if appealing sentence)

Question 34

What are the powers of the Court of Appeal for appeals against conviction?

Answer 34

- dismiss appeal and uphold conviction - allow appeal and quash conviction - all part of appeal but dismiss other part - allow the appeal, quash conviction and order a retrial - allow appeal and find appellant guilty of alternative offence - make and order for loss of time

Question 35

What are the powers of the Court of Appeal for appeals against conviction?

Answer 35

- dismiss the appeal and confirm the sentence - allow the appeal and quash any sentence or order - allow the appeal and substitute any sentence which was available to the Crown Court - make an order for loss of time

Question 36

Can the prosecution appeal from the Crown Court?

Answer 36

It is heavily restricted - generally they cannot appeal against the acquittal or sentence of a defendant but appeal against acquittal is permitted if: - the defendant acquitted of a qualifying offence - the written consent of the DPP has been obtained - leave to appeal has been granted

Question 37

What is a qualifying offence for the prosecution to be able to appeal against an acquittal?

Answer 37

- murder - attempted murder - manslaughter - aggravated arson