CLP 24 - Appeals Flashcards
(28 cards)
What is the ‘slip rule’ under s.142 Magistrates’ Court Act 1980?
It allows magistrates to correct errors in sentence or conviction if it’s in the interests of justice – applies to both conviction and sentence.
Can a conviction be set aside under the slip rule?
Yes, especially if there’s evidence the conviction was unsafe (e.g., wrong legal advice or proven emergency absence).
What are the three ways to challenge a magistrates’ decision?
- Appeal to the Crown Court
- Appeal by case stated to the High Court
- Judicial Review
When can a defendant appeal to the Crown Court?
- Against sentence (if pleaded guilty)
- Against conviction and/or sentence (if found guilty after trial)
What is the time limit to appeal from magistrates to Crown Court?
15 business days from sentence.
What does a Crown Court appeal hearing involve?
A full re-hearing with fresh evidence and witnesses before a judge and two magistrates.
Can a defendant get bail pending appeal from magistrates to Crown Court?
Yes, via the magistrates’ court or Crown Court if initially refused.
What happens if the defendant abandons their appeal?
The appeal ends. If hearing already started, Crown Court permission is needed to abandon it.
What is an appeal by case stated?
A legal challenge to the High Court based on an error of law or jurisdiction by the magistrates. No new evidence is heard.
What is the time limit to appeal by case stated?
Within 21 days of the decision (or from sentencing, if delayed).
What is judicial review in this context?
A High Court review for procedural errors, unfairness, or bias by the magistrates.
What is case stated appeal based on?
Based on:
- errors in law
- errors in jurisd
- procedural errors
- case stated is usual for law/juris errors
What is the ‘slip rule’ in Crown Court sentencing?
The Crown Court may correct sentencing errors within 56 days, but only the original judge can do so.
When does the slip rule not apply?
After the Court of Appeal has already ruled on the matter.
What types of cases does the Court of Appeal (Criminal Division) hear?
- Conviction/sentence appeals
- AG references (points of law / lenient sentences)
- CCRC referrals
- Prosecution appeals against terminating rulings
- Serious fraud/preparatory hearings
What are the time limits to appeal to the Court of Appeal?
- 28 days from conviction (for conviction appeals)
- 28 days from sentence (for sentence appeals)
What is needed to start an appeal to the Court of Appeal?
Leave (permission) from a single judge or full court + Form NG + clear grounds of appeal.
What happens if a single judge refuses leave?
The application can be renewed to a full court within 10 business days.
Common grounds for appealing a conviction?
- Wrongful admission/exclusion of evidence
- Judicial misdirection
- Procedural unfairness
- Fresh evidence
- Inconsistent verdicts
Common grounds for appealing a sentence?
- Sentence wrong in law
- Manifestly excessive
- Failure to consider key factors
- Unfair disparity between co-defendants
What powers does the Court of Appeal have in conviction appeals?
- Quash the conviction
- Order a retrial
- Substitute conviction for a lesser related offence
What powers does the Court of Appeal have in sentence appeals?
- Quash the sentence
- Impose a new sentence (not harsher than original)
What is a ‘loss of time’ order?
If the appeal is without merit, prison time awaiting appeal may not count toward the sentence.
Can new evidence be introduced on appeal?
Yes – under s.23 Criminal Appeal Act 1968, if it’s credible and there’s a good reason it wasn’t used at trial.
