English Legal System 1

Question 1

Appeals of summary trials from the Magistrates’ Court

Answer 1

Defendant only can appeal to the Crown Court which is a re-hearing before a judge and 2 magistrates.

Can appeal on a point of law or fact if plead not guilty. Can appeal the sentence if pleaded guilty.

Either side can then appeal from this appeal to the High Court (King’s Bench Division) by way of case stated - appeal must be based on a point of law.

Can then appeal from the High Court to the Supreme Court if the High Court deem it to be a point of law of general public importance - either the Supreme Court or the High Court must grant leave to appeal.

Question 2

Appeals from the Crown Court to the Court of Appeal (Criminal Division)

Answer 2

The defendant can appeal - this must be done with leave. May appeal the conviction or the sentence. Can appeal on a point of law or fact.

The Attorney-General reference procedure allows the AG to refer a point of law to the CA for clarification following an acquittal (this does not affect the acquittal), and where the AG believes the Crown Court have imposed an unduly lenient sentence, they can refer the case to the CA to decide on the sentence.

CA decision can be appealed to the Supreme Court if the CA deem it to be a point of law of general public importance and either the CA or the Supreme Court grant leave to appeal.

Question 3

Rights of audience

Answer 3

The right of a person to appear and conduct proceedings in court - solicitors have rights of audience in the Ms’ Court and County Court.

For higher rights of audience, the appropriate higher courts advocacy qualification is required:
- The Higher Courts (Civil Advocacy) Qualification to exercise rights of audience in all civil proceedings in the higher courts, and/or
- The Higher Courts (Criminal Advocacy) Qualification to exercise rights of audience in all criminal proceedings in the higher courts.

Question 4

Does the CA bind itself?

Answer 4

The CA normally binds itself. The following are exceptions:
- where the CA has 2 previous conflicting decisions, it may choose which to follow
- where the previous decision of the CA conflicts with a Supreme Court decision, it must follow the Supreme Court decision
- where the decision was made per incuriam (court neglected to consider a statutory provision or binding precedent)
- where it was an interim decision by 2 judges
- where one of its decisions is inconsistent with a subsequent decision in the ECtHR
- in criminal matters where the decision is obviously wrong.

The HC has the same exceptions.

Question 5

The Golden Rule

Answer 5

Narrow golden rule - if a word is capable of more than one meaning, you can choose the meaning which does not produce an absurd result.

Wide golden rule - even where a word has only one meaning, you interpret it in a way that avoids a result that is obnoxious to public policy.