6. Appeals Procedure

Question 1

Do the prosecution have a general right of appeal in Magistrates Court?

Answer 1

No

Question 2

Within what time of conviction in Magistrates Court must the defendant lodge a written notice of appeal with either the Magistrates or Crown Court?

Answer 2

21 days

Question 3

Why does the defendant not have to set out the basis of an appeal?

Answer 3

Because the court has no power to decline jurisdiction. However, it is usual practice to set out the grounds of appeal.

Question 4

Who hears an appeal from Magistrates Court, and what does the hearing consist of?

Answer 4

Crown Court judge, supported by at least two and no more than four magistrates.

It is a complete rehearing, meaning new evidence can be called.

Question 5

Who may appeal from the Magistrates Court to the Divisional Court of the High Court by way of case stated?

Answer 5

Prosecution and defence

Question 6

On what grounds can a decision be appealed by way of case stated?

Answer 6

Decision is wrong in law or exceeds the jurisdiction of the court

Question 7

Within what time of decision in Magistrates Court must the application for a case stated appeal be made in writing?

Answer 7

21 days

Question 8

In a case stated appeal, is there a rehearing of evidence?

Answer 8

No

Question 9

If a defendant seeks leave to appeal a Crown Court decision to the Court of Appeal, within what time of the conviction must the application be made?

Answer 9

28 days, where a single CoA judge will decide whether to grant the appeal

Question 10

What occurs if this single Court of Appeal judge refuses the appeal?

Answer 10

Defendant can renew the application to the full court

Question 11

What is the single basis on which a defendant can appeal a Crown Court conviction?

Answer 11

It is unsafe

Question 12

In what six situations could a claim be made that a Crown Court conviction is unsafe?

Answer 12

1. Evidence wrongly admitted or excluded
2. Direction wrongly given or omitted
3. Trial judges conduct showed bias
4. Wrongful exercise of discretion
5. Errors in summing up
6. Problems with the jury

Question 13

Where the Court of Appeal agrees that a Crown Court conviction is unsafe, what are their four options?

Answer 13

1. Quash the conviction, and order acquittal or retrial
2. Find defendant guilty of some offences but not others
3. Find the defendant guilty of alternate offences
4. Dismiss the appeal

Question 14

On what three bases can a defendant appeal a Crown Court sentence?

Answer 14

1. Wrong in law
2. Wrong in principle
3. Manifestly excessive

Question 15

Where sentence is appealed from Crown Court to Court of Appeal, can the Crown Court sentence be exceeded?

Answer 15

No

Question 16

When is any new sentence imposed by the Court of Appeal deemed to run from?

Answer 16

The original sentencing date, which means time in custody pending appeal will be taken into account

Question 17

Can a prosecution appeal a decision by a Crown Court jury to acquit a defendant?

Answer 17

No

Question 18

What aspects of a Crown Court trial can the prosecution appeal?

Answer 18

Rulings made by the judge during the course of the trial

Question 19

In what situation can the Attorney General refer a case to the Court of Appeal?

Answer 19

They feel sentence was unduly lenient and Court of Appeal itself grants permission

Question 20

What are the two criteria for the decision of the Court of Appeal to be appealed to the Supreme Court by either the prosecution or defence?

Answer 20

1. Court of Appeal or Supreme Court grant leave to appeal, and
2. Court of Appeal certifies that a point of law of general public importance is involved

Question 21

A defendant has been convicted in Magistrates’ Court and wants to appeal. To which courts can the defendant appeal?

Answer 21

A defendant who has been convicted in Magistrates’ Court may appeal to the Crown Court against either conviction or sentence. The defendant may also appeal to the Divisional Court (part of the High Court) by way of case stated; this appeal must be on the ground that the decision is wrong in law or in excess of jurisdiction.