2.9 Criminal Litigation - Appeals

Question 1

How may appeals be made from Magistrates’ Court?

Answer 1

Appeal vs conviction

• Criminal cases => 3 judges
• Civil/Family cases => NO dissenting judgment

Appeal vs sentence
- 2 judges

Question 2

What are the Crown Court’s powers towards appeals made from Magistrates’ Court?

Answer 2

Appeal vs sentence

• Confirm sentence (dismiss appeal)
• Quash sentence (subject to appeal)
• Impose sentence (available to CC)

Appeal vs conviction

• Confirm conviction (dismiss appeal)
• Allow appeal > Quash conviction (acquit D/re-trial)

Question 3

How may appeals be made to High Court (by way of case stated)?

Answer 3

CPS/D applies to MC
- States legal basis for determining case

App to state case at HC
- Within 21 days

HC reviews MC’s determination (wrong in law/exceed MC’s jx)

• Affirm
• Reverse
• Vary
• Remit to MC > Re-trial

Question 4

How may appeals be made to Administrative Court (part of High Court) for judicial review?

Answer 4

CPS/D applies for review at HC

• Supervisory jx over lower courts/public bodies
• Review their decision making > Illegality (error of law/abuse of jx)/Irrationality/Procedural impropriety (court’s failure to act fairly)/NOT hear merits

HC reviews within 3 months

Remedies

• Mandatory order (compel lower court to implement duties)
• Prohibitory order (prevent lower court making same issues)
• Quashing order

Question 5

What are the grounds for appeal from Magistrates’ Court to Crown Court?

Answer 5

D (NOT CPS) makes appeal to CC

MC > Either;

• Sentence (D pleaded guilty)
• Conviction (D pleaded NOT guilty)

Grounds of appeal vs conviction

• Unsafe conviction (judge not properly dissent jury/wrongly admitted or excluded evidence/failed when summing up case/discovered fresh evidence)
• MC erred in law/fact

Grounds of appeal vs sentence
- Excessive

Question 6

What is the procedure for appealing to Crown Court?

Answer 6

1) Notice of appeal
- Appeal vs conviction and/or sentence
- Within 21 days of MC’s decision (can extend w CC permission)

2) Appeal

Appeal vs conviction

• Any party can include new evidence/exclude evidence
• De novo (new) hearing (NOT review what happened before MC)

Appeal vs senence
- New hearing (NOT review what happened before MC)

3) Judge
- 2-4 magistrates
- Judge > Laws
- Magistrates (maj decision) > Facts

4) Crown Court’s powers
- Affirm/Reverse/Vary decision appealed against
- Make other orders ‘just’ (increase sentence appealed vs max. sentence available to MC)
- Order D to pay costs to CPS

Question 7

What is the procedure for CPS to appeal to Court of Appeal?

Answer 7

1) Appeal
- Rulings during/before trial on indictment (terminate trial/weakens P’s case)
- Notice of appeal within 28 days + grounds of appeal

2) Trial judge/CoA’s consent

3) Review (if unduly lenient)
- Otherwise Criminal Cases Review Commission (CCRC) may investigate alleged miscarries of justice/refer to CoA/consider real chance of verdict or sentence not being upheld if reference was made

4) ‘Unsafe’ conviction => Decision
- Subjective > Reasonable doubt of unsafe conviction

Quash sentence
- New sentence (as CoA thinks fit within CC’s sentence limits)

Confirm sentence

Reverse sentence

• Resume CC trial/New trial => Otherwise, acquit D
• Doctrine of ‘autrefois acquit’ > D re-tried for same offence
• Ruling wrong in law/error in law or principle/not reasonable for judge to make