appeals (w9) Flashcards
(35 cards)
true or false-
there is no route to appeal from magistrates’ court to the court of appeal
true
what is the first step D can take when appealing from magistrates’ court
consider if magistrates have made an error which they can correct themselves.
when can finding of guilt be set aside?
- legal advisers provided magistrates with incorrect advice
- D didn’t attend trial and no explanation for absence was given at the time
- emergency proven via medical certificate
how can sentences vary when appealing from magistrates court
sentence can decrease and increase
when should D appeal from magistrates court?
when D feels that magistrates have reached the wrong decision on substantive merits.
which 4 methods can be used to challenge magistrates court decision
1- Rectify mistakes- slip rule
2- Crown Court: re-hearing
3- High Court: Case stated
4- High Court: Judicial review
which courts can an appeal from Magistrates court be sent to
1- Crown court as a trial
2- Crown court as an appeal
3- high court QBD
what is the slip rule in appealing from magistrates court
process which court corrects a mistake or omission within their judgment
- alternative avenue for D to re-argue their case
who can make verdict on slip rule?
it can be heard by the same magistrates who convicted D
which appeal route should be taken if magistrates has made an error of fact or mixed up fact and law
D should appeal to Crown Court
which appeal route should be taken if magistrates made an error of law or acted in excess of their jurisdiction
D should appeal by way of case stated
which appeal route should be taken if decision was made unfairly, biased or with procedural irregularities
D should apply for judicial review of decision
is leave required when appealing from magistrates court to the crown court?
there is an automatic right, no leave is required
Can prosecution appeal via magistrates appeal to CC?
no, prosecution can only appeal via case stated and judicial review
what sentences can CC pass when appealed from magistrates court?
CC can pass any sentence that the magistrates’ court could have passed
- can be more sever than the original
true or false-
D can only appeal on sentence where they have pleaded guilty
true, unless D can demonstrate that plea was equivocal
what is the procedure on appeal from magistrates to CC
- D lodge notice to magistrates’ clerk & other parties within 15 days
- application of extension of time can be made
what happens during appeal by way of re-hearing in magistrates’ appeals?
trial is reheard, with speeches and witnesses
- new evidence can be submitted here
- D’s written charge cannot be amended
what sentences may be given during a re-hearing when appealing from magistrates
hearing proceeds as if it’s original sentence hearing
can D apply for bail during appeal?
- bail can be granted whilst D awaits for appeal results from magistrates
- bail is not a right under BA76
what are the powers on appeal at the Crown Court?
confirm, reverse or vary decision appealed against or part of it
- make any other order court sees just
- as long as it is within magistrates sentencing powers
who bears the payment of costs when appealing from magistrates court?
-A successful appellant may be awarded a defence costs order.
-An unsuccessful appellant may be required to pay the prosecution’s costs
how does appeal by case stated from magistrates to high court work?
D applies to magistrates’ court to state a case for the opinion of high court
- explain how they made decision
- no evidence is heard, only submissions
what are the procedural rules of appeals by way of case stated?
- both prosecution and defence can appeal
- only after determination of proceedings in mag court
- 21 days from date of decision
- if appeal via case stated, D loses right to appeal to CC
