Topic 16 - Appeals

Question 1

What is the first step for a defendant unhappy with a magistrates’ court decision?

Answer 1

Consider whether the magistrates have made an error they can correct

This refers to the power outlined in Section 142 of the Magistrates’ Court Act 1980.

Question 2

What power does Section 142 of the Magistrates’ Court Act 1980 grant to magistrates?

Answer 2

The power to vary a sentence or set aside a conviction in the interests of justice

This applies to sentences, other orders, and convictions, whether after conviction or guilty plea.

Question 3

What is the purpose of the power to rectify mistakes in magistrates’ court decisions?

Answer 3

To correct mistakes in law and procedure, not to re-argue the case

It is most likely to succeed when all parties agree a mistake was made.

Question 4

What are the three means of challenging a magistrates’ court decision?

Answer 4

• Appeal to the Crown Court by re-hearing
• Appeal to the High Court by case stated
• Application for judicial review to the High Court

Question 5

What is the primary role of the magistrates’ court?

Answer 5

To try all summary only matters and some either-way matters

Defendants over 18 have their first hearing here.

Question 6

What happens if a defendant under 18 is jointly charged with an adult?

Answer 6

They will have their first appearance in the magistrates’ court

This is an exception to the typical procedure for defendants under 18.

Question 7

What is the process if a defendant claims an error of fact or mixed fact and law?

Answer 7

They should appeal to the Crown Court

This guidance was provided in R v Hereford Magistrates’ Court ex p Rowlands.

Question 8

What is the automatic right of appeal provided by Section 108 of the Magistrates’ Court Act 1980?

Answer 8

A right to appeal from the magistrates’ court to the Crown Court without requiring leave

This is the most common route for appeals.

Question 9

What must be included in the notice of appeal to the Crown Court?

Answer 9

• The conviction, sentence, order, or decision appealed
• Summary of the issues
• Statement on whether the magistrates’ court was asked to reconsider its decision
• List of parties served with the appeal notice

Question 10

What is the nature of the appeal hearing in the Crown Court?

Answer 10

It is a re-hearing, similar to the original trial

The appeal may include new evidence not presented during the original trial.

Question 11

What can the Crown Court do on appeal from the magistrates’ court according to Section 48(2) of the Senior Courts Act 1981?

Answer 11

• Confirm, reverse, or vary the decision
• Remit the matter with its opinion to the magistrates
• Make any other just order within the powers of the magistrates

Question 12

What is required from a defendant if they wish to abandon their appeal?

Answer 12

Give notice in writing to the magistrates’ court, Crown Court, and prosecution

If the hearing has started, permission from the Crown Court is required.

Question 13

What is the deadline for lodging an application for judicial review?

Answer 13

Within three months after the grounds arose

Prompt lodging is essential to avoid rejection of the application.

Question 14

What is the standard for judicial review when an exercise of discretion is involved?

Answer 14

‘Wednesbury unreasonableness’

This standard derives from the case Associated Provincial Picture Houses Ltd v Wednesbury Corporation.

Question 15

What does an appeal by way of case stated involve?

Answer 15

Appealing to the High Court on the basis that the decision was wrong in law

The defendant applies for the magistrates to state a case for the High Court’s opinion.

Question 16

Under what circumstances can magistrates refuse to state a case?

Answer 16

If the request is considered vexatious

This can impact the right to appeal by way of case stated.

Question 17

What happens if a defendant appeals by way of case stated?

Answer 17

They lose their right to appeal to the Crown Court under Section 108

This establishes a clear choice of appeal route.

Question 18

Who can apply for judicial review?

Answer 18

Both the prosecution and defence

This applies to decisions made by inferior tribunals and public bodies.

Question 19

What can be the outcome of a successful appeal?

Answer 19

A defence costs order may be awarded

An unsuccessful appellant may have to pay the prosecution’s costs.

Question 20

What is the appeal process if the defendant wants to challenge a sentence?

Answer 20

The appeal will consider whether the magistrates’ sentence was correct

The sentence can be increased or reduced based on the appeal findings.

Question 21

What is the standard for exercising discretion in judicial review?

Answer 21

‘Wednesbury unreasonableness’

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 established this standard.

Question 22

Where does an appeal from the High Court in relation to a judicial review go?

Answer 22

Direct to the Supreme Court

Question 23

In R (P) v Liverpool City Magistrates (2006), what is the normal route for alleging a misdirection or error of law?

Answer 23

By way of case stated

Question 24

When is judicial review more appropriate than case stated?

Answer 24

When there is an issue of fact to be raised and decided or when unfairness or bias is alleged

Question 25

What does the slip rule in the Crown Court allow?

Answer 25

To vary or rescind a sentence within 56 days of it being made

Question 26

Who must be the judge to make a variation under the slip rule?

Answer 26

The judge who passed the original sentence

Question 27

What is the purpose of the slip rule?

Answer 27

To save time and money by rectifying recognizable errors without the need for an appeal

Question 28

What types of cases can the Court of Appeal Criminal Division hear?

Answer 28

* Appeals against conviction on indictment * Appeals against sentence following conviction on indictment * Appeals against sentence passed on committal for sentence * References by the Attorney-General of unduly lenient sentences * References by the Attorney-General for opinions on points of law * References by the Criminal Cases Review Commission * Prosecution appeals against terminatory rulings * Appeals against rulings made at preparatory hearings in serious fraud cases

Question 29

What must happen before a Crown Court appeal can proceed to an oral hearing?

Answer 29

A single judge must find the appeal arguable on the merits

Question 30

What is required to appeal to the Court of Appeal against conviction or sentence?

Answer 30

Leave is required

Question 31

What is the time limit for lodging a Notice of Appeal?

Answer 31

28 days from the conviction or sentence

Question 32

What should counsel do if there are no grounds for appeal?

Answer 32

Prepare and send a negative advice to the defendant’s solicitors

Question 33

What must be included in the Advice and Grounds document drafted by counsel?

Answer 33

* Identification of necessary transcripts * Proposed grounds for the appeal

Question 34

What happens if the trial judge certifies the case as 'fit for appeal'?

Answer 34

Leave is not required

Question 35

What is the role of the Registrar regarding transcripts in appeals?

Answer 35

To order transcripts required to resolve the appeal

Question 36

What must counsel do when perfecting grounds after receiving transcripts?

Answer 36

Add references to the transcripts to support the arguments

Question 37

What is the Respondent's Notice?

Answer 37

A response served by the prosecution to assist the single judge

Question 38

What can a single judge decide regarding an application for leave to appeal?

Answer 38

* Grant the application * Refuse the application * Refer it to the full Court of Appeal without granting leave

Question 39

What can happen if leave is refused by the single judge?

Answer 39

The appellant can renew the application for leave to appeal

Question 40

What are common grounds for an appeal against conviction?

Answer 40

* Wrongful admission/exclusion of evidence * Wrongful rejection of submission of no case to answer * Misdirection on law/facts * Inconsistent jury verdicts * Fresh evidence

Question 41

Can a defendant appeal a conviction if they pleaded guilty?

Answer 41

Yes, it is proper to appeal even after a guilty plea

Question 42

What is a common ground for appealing a guilty plea?

Answer 42

If the plea was entered following a legal ruling that left no option but to plead guilty

Question 43

What happens if the trial judge's ruling is held to be incorrect after a guilty plea?

Answer 43

The resultant guilty plea may be quashed

Question 44

What is required for the Registrar or single judge when leave is granted?

Answer 44

To usually grant a representation order for junior counsel

Question 45

What is the common procedure if a plea needs to be vacated?

Answer 45

Apply first to the Crown Court to vacate the plea ## Footnote This emphasizes the importance of accurate legal advice regarding plea decisions.

Question 46

Who usually grants a representation order for junior counsel when leave is granted?

Answer 46

The Registrar or single judge ## Footnote Representation orders may also extend to cover a solicitor if necessary.

Question 47

Is the respondent usually represented at a sentence appeal?

Answer 47

No ## Footnote The respondent is typically represented at a conviction appeal.

Question 48

What must be prepared to assist the court during an appeal?

Answer 48

A summary by a Criminal Appeal Office Lawyer

Question 49

When is a skeleton required in an appeal?

Answer 49

When the appeal notice does not sufficiently outline the grounds ## Footnote This is common in cases involving novel points of law or complex issues.

Question 50

How many days prior to the hearing must the appellant serve their skeleton?

Answer 50

21 days prior ## Footnote The respondent must serve theirs 14 days before the hearing unless directed otherwise.

Question 51

What is the general rule regarding the appellant's presence at the appeal hearing?

Answer 51

The appellant is entitled to be present ## Footnote Exceptions apply if the appellant is in custody, requiring court permission.

Question 52

What must the court consider when leave is granted for an appeal?

Answer 52

The merits of the appeal

Question 53

In an appeal against conviction, when can the court allow the appeal?

Answer 53

If they think the conviction is unsafe (s.2 Criminal Appeal Act 1968)

Question 54

What can the court do in an appeal against sentence?

Answer 54

Allow the appeal if they think the defendant should have been sentenced differently (s.11(3) Criminal Appeal Act 1968)

Question 55

What powers does the Court of Appeal have if an appeal is allowed?

Answer 55

They can: * Quash the conviction * Order a retrial * Substitute a verdict of guilty for an alternative offence * Amend the sentence

Question 56

What is a 'loss of time' order?

Answer 56

An order that some or all of the time spent in prison may not count towards the appellant's sentence

Question 57

Under what circumstances can fresh evidence be admitted on appeal?

Answer 57

If it is necessary or expedient in the interests of justice (s.23 Criminal Appeal Act 1968)

Question 58

What can the Court of Appeal order regarding witnesses during an appeal?

Answer 58

Order any witness to attend for examination, regardless of whether they were called in the original proceedings

Question 59

What types of appeals does the Court of Appeal Criminal Division handle?

Answer 59

* Appeals against conviction on indictment * Appeals against sentence passed following conviction on indictment * Appeals against sentence passed on committal for sentence * References by the Attorney-General of unduly lenient sentences * References by the Criminal Cases Review Commission * Prosecution appeals against terminatory rulings * Appeals against rulings made at preparatory hearings

Question 60

What is the purpose of the Attorney-General's reference for review of sentence?

Answer 60

To address sentences considered unduly lenient

Question 61

What does the Criminal Cases Review Commission (CCRC) do?

Answer 61

Refers any conviction on indictment or sentence to the Court of Appeal or Crown Court if there is a real possibility of quashing the original conviction or sentence

Question 62

What provision was made by the Criminal Justice Act 2003 regarding prosecution appeals?

Answer 62

It allows prosecution appeals against any terminatory ruling made in the course of a Crown Court trial on indictment

Question 63

What are the three main requirements for a prosecution appeal against terminatory rulings?

Answer 63

* The ruling must be made before summing up * An acquittal agreement must be given by the prosecution * The ruling must not be appealable to the Court of Appeal by other means

Question 64

What is the highest court in the UK?

Answer 64

The Supreme Court

Question 65

What is required for an appeal to the Supreme Court from the Court of Appeal?

Answer 65

Certification that the case involves a point of law of general public importance

Question 66

What is the time limit for applying to the Court of Appeal for leave to appeal to the Supreme Court?

Answer 66

28 days after the court gives reasons for its decision