Topic 21- Magistrates Appeals

Question 1

What does Magistrates Court Act section 142 enable?

Answer 1

It enables an accused who was convicted in MC to ask the magistrates’ to set the conviction aside

Question 2

If a conviction in magistrates is asked to be set aside, which court hears the application?

Answer 2

A different magistrates court

Question 3

What circumstances are there for an accused to apply to set aside a conviction in MC?

Answer 3

Error of law, defect in procedure

There is relatively limited scope here

Question 4

Can a magistrates’ court vary or rescind a sentence?

Answer 4

Yes, if in the interests of justice

Question 5

Can a MC increase sentence under s142 MCA?

Answer 5

Yes, but only in exceptional circumstances

Eg, where a mistake is identified and accepted by both sides

Question 6

What are the three routes to appealing a decision by magistrates’?

Answer 6

Appeal to the Crown Court

Appeal to the High Court by way of case stated

Application to the High Court for judicial review

Question 7

Can anyone appeal against a conviction or sentence?

Answer 7

Yes, even if they pleaded guilty

Question 8

What are the two routes to appealing a magistrates’ decision in High Court?

Answer 8

By way of case stated

Applying for a judicial review

Question 9

Who hears an appeal from the youth court?

Answer 9

The appeal must be heard by a judge or recorder of the Crown Court sitting with two lay justices authorised to sit in youth court

Question 10

What is the procedure for appealing to the Crown Court?

Answer 10

Notice of appeal must be given to the relevant magistrates’ officer and every other party within:

15 DAYS OF SENTENCE

Question 10

How many days after sentence must an appeal from magistrates’ to the Crown Court be made?

Answer 10

Within 15 days of sentence

Question 11

What must the notice of appeal to the Crown Court state?

Answer 11

It must state whether the appeal is against conviction or sentence

Must summarise the issues

Must specify any witnesses

Question 12

Can the 15 day time limit for submitting a notice of appeal be changed?

Answer 12

Yes, the Crown Court may shorten or extend (even after expiry)

Question 13

Who is a magistrates’ appeal heard by in Crown Court?

Answer 13

A circuit judge or recorder who sits with two lay magistrates

Neither magistrates must have heard the original proceedings

Question 14

How does the magistrates appeal proceed in court?

Answer 14

Proceeds by way of a rehearing

Completely fresh hearing

Question 15

When rehearing an appeal against sentence, what must the Court ask itself?

Answer 15

Must consider whether the sentence passed by the magistrates was the correct one

If they decide the appeal should be allowed, they will substitute the sentence

Question 16

What are the powers of the Crown Court in dealing with an appeal?

Answer 16

May confirm, reverse (quash) or vary any decision appeal against

May remit the matter with its opinion back to MC

May make such other order in the matter as the court thinks just

Question 17

How does an appellant abandon an appeal to the Crown Court?

Answer 17

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

Can be abandoned without permission if before the hearing commences

Question 18

What is meant by magistrates’ appeal by way of case stated?

Answer 18

Appeal on a point of law known as the “case”

This is to the Divisional Court of the King’s Bench Division of the High Court

Question 19

Which specific court is a magistrates’ appeal by way of case stated?

Answer 19

This is to the Divisional Court of the King’s Bench Division of the High Court

Question 20

Is a magistrates’ appeal by way of case stated available to the prosecution and defence?

Answer 20

Yes, it is available to both

Question 21

What does a magistrates’ appeal by way of case stated refer to?

Answer 21

An error of law or a decision taken in excess of jurisdiction

I.e, appeal on a point of law

Eg, errors on conviction or sentence

Question 22

How many judges hear a magistrates’ appeal by way of case stated?

Answer 22

At least two, sometimes three

Question 23

Is evidence called at a magistrates’ appeal by way of case stated?

Answer 23

No evidence is called, as all the evidence referred to will be contained in the “stated case”

Question 24

How is a magistrates' appeal by way of case stated conducted?

Answer 24

Submissions will be made from the parties The court may then reverse, affirm or amend the MC's decision, or remit the case with its opinion

Question 25

Can an appellant abandon a magistrates' appeal by way of case stated without permission?

Answer 25

Yes, there is no need for permission

Question 26

What does a magistrates' application for judicial review look at?

Answer 26

Looks at the decision-making of the magistrates by way of judicial review

Question 27

Which specific court deals with a magistrates' application for judicial review?

Answer 27

The Divisional Court of the King's Bench Division of the High Court

Question 28

When should a magistrates' application for judicial review be made?

Answer 28

Should be made promptly Undue delay may sometimes result in the withholding of relief

Question 29

What principal factors will the High Court look at when deciding whether to refuse relief for a late magistrates' application for judicial review?

Answer 29

Seriousness of the offence Nature of the evidence Any contribution by the D in the delay

Question 30

What are the principal grounds for magistrates' application for judicial review?

Answer 30

Error of law disclosed by court records Excess of jurisdiction Breach of natural justice

Question 31

What are examples of magistrates' applications for judicial review?

Answer 31

Failing to give the Defendant adequate time to prepare a defence Failing to grant an adjournment to allow a witness' attendance Prosecution failing to call a defence witness Prosecution failing to disclose previous convictions of a pros witness

Question 32

How many days after sentence must an appeal by way of case stated be made?

Answer 32

Within 21 days

Question 33

Can an application for judicial review be made against trial of indictment?

Answer 33

No

Question 34

When is an application for judicial review more appropriate than by way of case stated?

Answer 34

Where there is an issue of fact to be raised and decided Also where it is alleged there has been unfairness or bias by the justices WHERE THE INFERIOR COURT HAS ACTED IN EXCESS OF JURISDICTION

Question 35

Where is an appeal from the High Court in a criminal matter by way of case stated or judicial review made to?

Answer 35

Will go directly from the High Court to the Supreme Court

Question 36

On appeal, can the Crown Court increase a sentence if the appeal fails?

Answer 36

Yes, but not beyond the max sentence which the MC could have passed

Question 37

Does the Crown Court have the power to increase a sentence on appeal?

Answer 37

Yes, but not beyond the max sentence which the MC could have passed

Question 38

If notice of appeal to the Crown Court is served within the time limit, is leave to appeal still required?

Answer 38

No, leave to appeal won't be required

Question 39

What is the difference between case stated and judicial review?

Answer 39

Case stated- error of law or jurisdiction, eg excess of jurisdiction Judicial review- decision-making of the magistrates

Question 40

Is appealing from MC to Crown Court an automatic right?

Answer 40

Yes, it is an automatic right to appeal It is different when appealing to the High Court

Question 41

Does the MC have the power to rectify an acquittal?

Answer 41

No, it must be appealed

Question 42

Does the prosecution have the power to appeal an acquittal to the Crown Court?

Answer 42

No, they must appeal to the High Court, usually by way of case stated

Question 43

What is the best route for appeal where the magistrates' impose an incorrect sentence (eg, 7 months for a summary offence)?

Answer 43

Application under the "slip up" rule straight to the MC for appeal