7 - Appeals Flashcards
What is the power to rectify mistakes in the magistrates’ court under Section 142 of the Magistrates’ Court Act 1980?
Section 142 of the Magistrates’ Court Act 1980 grants magistrates the power to vary a sentence or set aside a conviction if it is in the interests of justice.
This power applies to sentences, other orders, and convictions, regardless of whether the conviction followed a trial or a guilty plea (the latter being rare).
Commonly known as the ‘slip rule,’ this power is narrow and not intended as an alternative means for the defendant to re-argue their case.
It is used to correct mistakes in law and procedure, typically when all parties agree a mistake was made as per case law. It is not intended to permit a defendant to argue that the magistrates’ decision on their case was wrong - that is a matter for appeal.
The court can amend a decision on its own initiative or upon the defendant’s application. The application can be heard by the same magistrates who convicted the defendant.
If a conviction is set aside, a different bench will retry the case.
In what circumstances might a finding of guilt or sentence be set aside or varied under s.142?
A finding of guilt might be set aside in cases such as:
- Incorrect legal advice was provided to the magistrates by the legal adviser.
- The defendant was absent for trial without an initial explanation, was tried in their absence, and later presented a valid reason (e.g., emergency hospital admission) for non-attendance, making it just to set aside the conviction.
In terms of varying a sentence:
- This power is generally used to reduce a sentence, for example, if a financial penalty exceeded the statutory maximum for the offence.
- Exceptionally, a sentence might be increased if the court was misled by the defendant, allowing the application of s.142 in such cases.
How can a defendant challenge decisions made by the magistrates’ court?
If a defendant believes the magistrates reached the wrong decision, they have three options:
1. Appeal to the Crown Court for a re-hearing.
2. Appeal to the High Court by way of case stated.
3. Apply to the High Court for judicial review of the decision.
The appropriate method depends on the nature of the error being challenged.
What is the structure of the criminal courts in relation to appeals?
Magistrates’ Court: Initial hearing for all adult defendants and trial for summary and some either-way offences.
Appeals go to:
- Crown Court for trial and re-hearing, or Court of Appeal (Criminal Division).
- High Court for case stated and judicial review.
Youth Court: First hearing for those under 18 unless jointly charged with an adult (in that case it would be tried in the Magistrates Court).
Appeals go to:
- Crown Court for appeals, or High Court (Queens Bench Division) for case stated and judicial review.
Crown Court: Functions as both trial court and appellate court, with potential appeals going to:
- The Court of Appeal or High Court.
Which appeal route should be taken depending on the complaint about a magistrates’ decision?
In R v Hereford Magistrates’ Court ex p Rowlands [1997], the guidance is:
- Appeal to the Crown Court if the complaint involves a mistake of fact or mixed fact and law.
- Appeal by way of case stated for an error of law or jurisdictional excess.
- Apply for judicial review for allegations of unfairness, bias, or procedural irregularity.
What are the procedures for appealing from the magistrates’ court to the Crown Court under Section 108 of the Magistrates’ Court Act 1980?
This is an automatic right, requiring no leave, and is the most common appeal route.
A defendant may appeal:
- Against sentence if they pleaded guilty.
- Against conviction or sentence if they pleaded not guilty and were found guilty.
The prosecution cannot appeal via this route. The options of redress are limited to case stated and JR.
On conviction appeals by the defendant, the sentence is ‘at large,’ meaning the Crown Court can impose any sentence that the magistrates’ court could have passed, including a more severe one.
An appeal against sentence is the only option after a guilty plea unless the defendant can demonstrate that their plea was equivocal.
What is the procedure for filing an appeal to the Crown Court?
Notice of appeal must be lodged within 15 business days of sentencing, irrespective of whether the appeal is against conviction or sentence.
The notice of appeal must be served on the magistrates court and the prosecution.
It must specify:
- The conviction, sentence, order, or decision appealed.
- Summarise the issues involved.
- State whether the magistrates’ decision has been reconsidered under s.142 MCA 1980.
- The parties on whom the appeal notice is served.
An extension request with reasons must accompany any late notice outside of the 15 business day limit.
Compliance with procedural requirements under Part 34 of the Criminal Procedure Rules is essential.
How is an appeal hearing conducted in the Crown Court?
- The appeal is a re-hearing, with all evidence and arguments presented anew, similar to the original trial.
- New evidence may be introduced, and the appeal is heard by a Crown Court judge with two lay magistrates.
- Importantly, the information (the written charge on which the appellant was convicted) cannot be amended by the Crown Court.
- In exceptional cases, the court may proceed with only one lay justice to avoid unreasonable delays.
- For a sentence appeal, it resembles the original sentencing hearing, with facts and mitigation presented.
Can a defendant apply for bail pending appeal?
- Bail pending appeal can be applied for in the magistrates’ court.
- If refused, the appellant can apply to the Crown Court.
- There is no automatic right to bail under the Bail Act 1976 pending appeal.
What are the rules for abandoning an appeal?
- An appellant may abandon their appeal at any time by notifying the magistrates’ court, Crown Court, and prosecution in writing.
- Once an appeal has been abandoned, the Crown Court has no power to vary the Magistrates’ decisions.
- If the appellant fails to attend and is unrepresented, the appeal is treated as abandoned.
- An appeal is abandoned only with Crown Court permission once the hearing has begun.
What powers does the Crown Court have on appeal under Section 48(2) of the Senior Courts Act 1981?
The Crown Court can:
- Confirm, reverse, or vary the decision.
- Remit the matter with its opinion to the magistrates.
- Make any other order which the court thinks is just, so long as they exercise only the power the magistrates could have.
What are the courts’ powers on conviction and sentence appeals?
Conviction Appeal:
- The Crown Court will hear the evidence and must give reasons for the verdict reached.
- The reasons do not involve a formal re-examination of the magistrates decision.
Sentence Appeal:
- The Magistrates; sentence is not formally re-examined.
- The appeal panel will consider whether, in light of all they have heard, the sentence imposed by the magistrates was correct.
- Sentence can be both increased and reduced.
What costs can be awarded in an appeal?
- A successful appellant may receive a defence costs order.
- An unsuccessful appellant may be required to pay prosecution costs.
- Costs can be awarded on abandonment, typically if the notice was served within 24 hours of the appeal hearing or on the day itself.
What is an appeal by way of Case Stated under Section 111 of the Magistrates’ Court Act 1980?
- A form of appeal to the High Court for errors of law or excess of jurisdiction.
- The defendant applies to the magistrates’ court to “state a case” for the opinion of the high court. This will usually take the form of a question(s) about decisions of law or procedure which the defendant asserts were wrongly decided.
- The final case stated includes evidence, legal arguments, and the decision details, with procedural guidance under Crim PR Pt 35. For this reason this is not the appropriate route of appeal where a matter of fact is disputed. It is handled as a civil matter for procedural purposes.
- The appeal is heard by the Divisional Court of the Queen’s Bench division of the High Court. The court will comprise of at least two judges, usually three. No evidence is heard, it is based on legal submissions by the parties.
What are the main points to note regarding appeals by way of case stated?
- Who can appeal: Both the prosecution and defence.
- Timing: Only after final determination in the magistrates’ court; not during adjournments.
- Deadline: 21 days from the decision date; if sentence is adjourned, the decision date is deemed the date of sentencing.
- Refusal: Magistrates can refuse to state a case if it is considered vexatious.
- Bail: May be granted by magistrates or, if refused, by the High Court.
- Appeal rights: Appeal by way of case stated removes the right to appeal to the Crown Court under section 108.
- Subsequent appeals: If appealing to the Crown Court under section 108 and that court upholds the magistrates’ decision, an appeal by way of case stated is possible from the Crown Court.
- Divisional Court powers: Can reverse, affirm, amend, remit the case with an opinion, or make any other order.
- High Court appeals: Appeals from the High Court go directly to the Supreme Court.
What are the key principles for an application for Judicial Review in the High Court?
Judicial review allows the High Court (Divisional Court of the QBD) to supervise inferior tribunals and public bodies based on the following grounds:
- Error of law: An error on the face of the records, disclosed by court records.
- Excess of jurisdiction: Acting beyond lawful powers.
Breach of natural justice: This broadly includes failures such as:
- Prosecution not disclosing witness statements beneficial to the defence.
- Magistrates denying an adjournment for witness attendance.
- Defence not being given adequate time to prepare.
What are the procedural requirements and considerations for applications for Judicial Review in the High Court?
Applications for judicial review must adhere to specific procedures and considerations, including:
- Parties Eligible: Both the prosecution and defence have the right to apply.
- Timing Requirement: The application should follow the conclusion of proceedings unless reviewing a decision to prosecute.
- Strict Deadline: Must be lodged promptly and no later than three months after grounds arise; delays can lead to rejection.
- Authority Over Bail: Only the High Court may grant bail for judicial review applications.
- Error of Law Appeals: Errors of law decisions by the Crown Court on magistrates’ court appeals should proceed by case stated, following Gloucester Crown Court ex parte Chester [1998].
High Court Appeal Path: Appeals from High Court decisions on judicial review proceed directly to the Supreme Court.
When is case stated or judicial review the appropriate route for addressing issues with a magistrates’ court decision?
Guidance from R (P) v Liverpool City Magistrates (2006) suggests when to use each route:
- Case stated: Preferred for misdirection or legal errors.
- Judicial review: Appropriate in cases of factual disputes not decided by justices, or where unfairness or bias is alleged in the magistrates’ conduct.
Avoiding misuse: Judicial review should not replace case stated to circumvent stricter time limits for the latter.
Provide a summary of appeals: magistrates decisions.
This element explored:
- The power to rectify mistakes; and
Appeals against decisions of the magistrates’ court to:
* The Crown Court- if D complains there was an error of fact or fact and law;
* The High Court by way of case stated- if D complains there was an error of law or the magistrates’ acted in excess of jurisdiction; or
* The High Court, making an application for judicial review if D alleges unfairness, bias or procedural irregularity.
What is the scope and application of the power to rectify mistakes in sentencing under the ‘slip rule’?
The Crown Court can rectify mistakes in sentences through its version of the ‘slip rule’, as detailed in Section 385 of the Sentencing Act 2020.
Power granted under Section 385:
- Empowers a judge to vary or rescind a sentence or other order within 56 days of sentencing.
- Only the judge who passed the original sentence can make the variation.
Scope and Purpose:
- Purpose: Saves time and cost by preventing unnecessary appeals for recognisable errors.
- Can be used following a sentence on appeal from the magistrates’ court (without requiring lay magistrates’ attendance at the hearing).
- Cannot be used if an appeal or application for leave to appeal has already been decided by the Court of Appeal.
Applications:
- Not limited to adjusting sentence length or minor errors.
Allows amendments to the type of sentence or requirements in community-based sentences.
Examples:
- If a defendant’s suspended sentence was based on false mitigation, the court may change it to immediate custody.
- A defendant with nightshift employment starting a week after a community order may have a curfew requirement lifted, likely replaced by an alternative requirement.