27. Appeals from the magistrates’ courts and from the Crown Court in its appellate capacity

Question 1

setting aside conviction for rehearing - general rule?

Answer 1

accused convicted in MC can ask MC to set conviction aside.

Question 2

if a MC conviction is set aside what happens?

Answer 2

case is reheard by diff bench.

Question 3

when are applications to set aside MC conviction appropriate?

Answer 3

• error in law
• error in procedure that led to conviction

Question 4

scope of MC power to set aside conviction?

Answer 4

power to rectify mistakes - slip rule.

Question 5

what does s.142 MCA 1980 allow?

Answer 5

allows mags to vary / rescind sentence decision if in ints of justice to do so.

Question 6

when would s.142 be appropriate?

Answer 6

where mistake is identified quickly and accepted by all parties

Question 7

what can s.142 be used for?

Answer 7

to increase (only in exceptional circumstances), reduce, rescind sentence

Question 8

what routes of appeal are open to challenge MC decision?

Answer 8

• appeal to CC
• appeal to HC - case stated
• appeal to HC - judicial review

can appeal against conviction and/or sentence

Question 9

who hears appeal in CC from youth court?

Answer 9

recorder of crown and 2 lay justices

Question 10

procedure on appeal to CC from MC?

Answer 10

1. notice of appeal in writing to all parties and MC officer
2. notice of appeal within 15 BUSINESS days from sentence, order, failure to make order

Question 11

notice of appeal from MC to CC to contain ?

Answer 11

1. notice to state what appeal is against
2. notice to summarise issues of appeal, how long trial was and how long appeal going to be
3. whether they asked MC to reconsider
4. identify who it has been served on

Question 12

how can an applicant extend time for appeal notice?

Answer 12

application for extension of time to be served with appeal notice and explain why it is late.

Question 13

notice of application to introduce further evidence (MC TO CC)…

Answer 13

must be made not more than 15 business days after service of appeal notice

Question 14

appeals from MC to CC are heard by?

Answer 14

circuit judge /recorder AND 2 lay mags (not from original proceedings)

Question 15

what powers do CC have on appeal?

Answer 15

• confirm, reverse (quash) or vary decision
• remit with opinions
• make any other order as they thtink just

sentence cannot be varied beyond max MC sentence.

Question 16

how can an appeal be abandoned?

Answer 16

appellant gives notice in writing to MC, CC officer, pros, other parties

Question 17

is permission needed for abandonment of appeal?

Answer 17

if hearing has not commenced - no
if hearing started - yes permission of crown court needed

Question 18

can abandoned appeal be reinstated?

Answer 18

no unless abandonment was a nullity

Question 19

who hears appeal of case stated?

Answer 19

Divisional court (high court) - at least 2 judges (often 3).

if 2 court judge - both have to agree.

Question 19

5 features of case stated process?

Answer 19

• available to both pros and def
• only error of law / decision in excess of jurisdiction
• appeal by case stated wipes right of appeal to CC
• only available after final determination of MC proceedings
• available for errors of sentence (harsh and oppressive) and conviction

Question 20

what is an appeal by case stated?

Answer 20

appeal on point of law which is identified by mags / DJ in document

Question 21

how is appeal by way of case stated conducted?

Answer 21

submissions of parties - no evidence is called as all evidence will be in the stated case.

Question 22

powers of HC on appeal by way of case stated?

Answer 22

• Reverse, affirm or amend mags decision
• remit with opinion or
• make any other order as it sees fit
• can subsitute acquittal for conviction and proceed to sentence
• order retrial

Question 23

is leave needed to abandon appeal by way of case stated?

Answer 23

no

Question 24

which decisions are susceptible to JR?

Answer 24

all mags
some crown cases (not ones concerned with matters relating to trial on indictment)

Question 25

how do HC review decisions?

Answer 25

prerogative orders:
- quashing
- mandatory
- prohibitory orders

Question 26

what grounds can JR be sought?

Answer 26

• error of law on face of record
• excess of jurisdiction
• breach of natural justice

Question 27

examples of breach of natural justice?

Answer 27

• failing to give D time to prepare
• failure to grant adjournment for attendance of witness
• pros failing to call/disclose witness who would assist defence
• pros fail to disclose pre-cons of pros witnesses
• costs order w/o inquiry to D’s means

Question 28

principles to consider when deciding between JR and case stated?

Answer 28

• error of law = case stated
• issue of fact to be raised = JR
• unfairness or bias by justices = JR
• excess of jurisdiction = JR
• challenge commital for sentence = JR

Question 29

appeals from HC made to?

Answer 29

supreme court

Question 30

appeals from CC by way of case stated can be made in respect of?

Answer 30

error of law
excess of jurisdiction

not available for matters relating to trial on indictment.

Question 31

when can CC decision be appealed by way of case stated?

Answer 31

proceedings in CC must be finalised

Question 32

can CC decision be challenged by JR?

Answer 32

yes provided it does not relate to trial on indictment matter

Question 33

matters relating to trial on indictment means?

Answer 33

all decisions relating to conduct of trial.

Question 34

examples of matters relating to trial on indictment?

Answer 34

abuse of process stays
disclosure
order of indictments
fitness to plead
imposition of mandatory life sentence

Question 35

examples of matters not relating to trial on indictment?

Answer 35

forfeiture of surety / property
binding over of acquitted accused
restrictions of publication of youth ID.

Question 36

bail pending JR of CC decision?

Answer 36

can be granted

Question 37

if a D convicted in MC appeals to CC where is their further appeal to?

Answer 37

high court (if on point of law - by way of case stated).