27. Appeals from the magistrates’ courts and from the Crown Court in its appellate capacity Flashcards
setting aside conviction for rehearing - general rule?
accused convicted in MC can ask MC to set conviction aside.
if a MC conviction is set aside what happens?
case is reheard by diff bench.
when are applications to set aside MC conviction appropriate?
- error in law
- error in procedure that led to conviction
scope of MC power to set aside conviction?
power to rectify mistakes - slip rule.
what does s.142 MCA 1980 allow?
allows mags to vary / rescind sentence decision if in ints of justice to do so.
when would s.142 be appropriate?
where mistake is identified quickly and accepted by all parties
what can s.142 be used for?
to increase (only in exceptional circumstances), reduce, rescind sentence
what routes of appeal are open to challenge MC decision?
- appeal to CC
- appeal to HC - case stated
- appeal to HC - judicial review
can appeal against conviction and/or sentence
who hears appeal in CC from youth court?
recorder of crown and 2 lay justices
procedure on appeal to CC from MC?
- notice of appeal in writing to all parties and MC officer
- notice of appeal within 15 BUSINESS days from sentence, order, failure to make order
notice of appeal from MC to CC to contain ?
- notice to state what appeal is against
- notice to summarise issues of appeal, how long trial was and how long appeal going to be
- whether they asked MC to reconsider
- identify who it has been served on
how can an applicant extend time for appeal notice?
application for extension of time to be served with appeal notice and explain why it is late.
notice of application to introduce further evidence (MC TO CC)…
must be made not more than 15 business days after service of appeal notice
appeals from MC to CC are heard by?
circuit judge /recorder AND 2 lay mags (not from original proceedings)
what powers do CC have on appeal?
- 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.
how can an appeal be abandoned?
appellant gives notice in writing to MC, CC officer, pros, other parties
is permission needed for abandonment of appeal?
if hearing has not commenced - no
if hearing started - yes permission of crown court needed
can abandoned appeal be reinstated?
no unless abandonment was a nullity
who hears appeal of case stated?
Divisional court (high court) - at least 2 judges (often 3).
if 2 court judge - both have to agree.
5 features of case stated process?
- 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
what is an appeal by case stated?
appeal on point of law which is identified by mags / DJ in document
how is appeal by way of case stated conducted?
submissions of parties - no evidence is called as all evidence will be in the stated case.
powers of HC on appeal by way of case stated?
- 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
is leave needed to abandon appeal by way of case stated?
no
which decisions are susceptible to JR?
all mags
some crown cases (not ones concerned with matters relating to trial on indictment)
how do HC review decisions?
prerogative orders:
- quashing
- mandatory
- prohibitory orders
what grounds can JR be sought?
- error of law on face of record
- excess of jurisdiction
- breach of natural justice
examples of breach of natural justice?
- 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
principles to consider when deciding between JR and case stated?
- 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
appeals from HC made to?
supreme court
appeals from CC by way of case stated can be made in respect of?
error of law
excess of jurisdiction
not available for matters relating to trial on indictment.
when can CC decision be appealed by way of case stated?
proceedings in CC must be finalised
can CC decision be challenged by JR?
yes provided it does not relate to trial on indictment matter
matters relating to trial on indictment means?
all decisions relating to conduct of trial.
examples of matters relating to trial on indictment?
abuse of process stays
disclosure
order of indictments
fitness to plead
imposition of mandatory life sentence
examples of matters not relating to trial on indictment?
forfeiture of surety / property
binding over of acquitted accused
restrictions of publication of youth ID.
bail pending JR of CC decision?
can be granted
if a D convicted in MC appeals to CC where is their further appeal to?
high court (if on point of law - by way of case stated).
