Procedure for appeal in Mags Flashcards
What is the general right of appeal from the Magistrates’ Court?
A defendant can appeal to the Crown Court against either their conviction or their sentence after a Magistrates’ Court decision.
What type of hearing occurs on appeal from the Magistrates’ Court to the Crown Court?
It is a full re-hearing of the case, not limited to points of law — effectively a second trial.
Who hears the appeal from the Magistrates’ Court in the Crown Court?
A Crown Court judge sits with at least two magistrates to hear the appeal.
What is a significant risk for a defendant appealing a conviction from the Magistrates’ Court?
If convicted and imprisoned at first instance, the defendant must serve the prison sentence while awaiting the appeal unless otherwise ordered.
What can the Crown Court do when hearing an appeal from the Magistrates’ Court?
The Crown Court may either dismiss the appeal or allow it.
How can the Crown Court alter the outcome of a Magistrates’ Court decision on appeal?
The Crown Court may vary the conviction or sentence, including increasing or decreasing the sentence.
What happens if a defendant loses an appeal from the magistrate court in the Crown Court?
The original conviction stands, but the sentence may still be changed—either harsher or more lenient.
Is the Crown Court restricted to simply confirming the original Magistrates’ Court sentence?
No, the Crown Court can reconsider and modify any part of the conviction or sentence.
A defendant appeals a conviction for shoplifting from the Magistrates’ Court to the Crown Court. After the re-hearing, the Crown Court agrees he committed the offence but finds the original sentence of four months’ imprisonment too harsh.
The Crown Court can allow part of the appeal (against sentence), and reduce the sentence while still upholding the conviction.
A defendant appeals both conviction and sentence for assault from the Magistrates’ Court. At the Crown Court re-hearing, fresh evidence shows that the prosecution witnesses were unreliable, and the case is dismissed.
The Crown Court may allow the appeal entirely, setting aside both the conviction and any sentence.
A defendant appeals a six-month suspended sentence for dangerous driving. The Crown Court finds that the offence was even more serious than first assessed, and activates the suspension, requiring immediate imprisonment.
The Crown Court can vary the original sentence and impose a harsher penalty if justified.
