Appeal

Question 1

What court can the defendant appeal a magistrates court decision? What can I appeal?

Answer 1

Crown court

sentence (no new evidence allowed) and/or conviction (new evidence allowed)

Question 2

On what basis can you appeal a magistrates court decision? (2)

Answer 2

i. error of fact
ii. error of mixed fact and law

Question 3

Do you need permission to appeal a Magistrates court decision? What must you serve? When must you serve by?

Answer 3

No. Automatic right but I do need to serve notice on the other party + mag court within 15 business days of sentence

The CC will then list the case for appeal as soon as possible

Question 4

What powers does the CC have when hearing a magistrates court appeal? (3)

Answer 4

1. remit matter to magistrates court
2. affirm, amend or reverse the decision
3. any other order court sees fit so long as the magistrates court would have this power

Question 5

Who can appeal by way of case stated (HC)?

Answer 5

both D and P

Question 6

On what basis can you appeal by way of case stated? (2)

Answer 6

i. Error of law or
ii. acted in excess of their jurisdiction

Question 7

Do you lose the power to appeal to the CC if you appeal by way of case stated?

Answer 7

Yes

Question 8

What is the next court to appeal to after appeal by way of case stated?

Answer 8

Supreme Court

Question 9

How long you have to apply to appeal a MC decision by way of case stated?

Answer 9

21 business days from date of decision

Question 10

What information is presented during an appeal by way of case stated?

Answer 10

legal submissions

no new evidence is heard

Question 11

What powers does the court by way of case stated have?

Answer 11

Affirm, amend or reverse

Question 12

Who can make an application for JR?

Answer 12

both D and P

Question 13

What is the deadline to apply for JR?

Answer 13

promptly and in any event within 3 months

Question 14

What appeal options do you have if you are not happy with a CC decision? (2)

Answer 14

1. COA
2. power to rectify mistakes (applies to sentence only)

Question 15

On what ground are cases taken to the Supreme Court?

Answer 15

point of law of general public importance

Question 16

What is the power to rectify mistakes?

Answer 16

means to correct an unlawful sentence

Question 17

Is permission needed to appeal to the COA? Unless…

Answer 17

Yes. Unless trial judge certifies the case as “fit for appeal”

Question 18

What if the single judge rejects the on paper application to the COA? When must you do this by?

Answer 18

apply again but for oral permission within 10 business days of notification

Question 19

What is the procedure for applying to the COA? What happens if the application is successful?

Answer 19

Need to convince single judge that appeal is arguable on merits

If successful = appeal by oral hearing before 2 judge court (sentence) or 3 judge (conviction)

Question 20

What is the time limit to apply to the COA from the CC?

Answer 20

within 28 days of conviction or sentence

Question 21

What are the powers of the COA?(4)

Answer 21

1. conviction
2. sentence
3. loss of time order (time spent between date of appeal and date of dismissal does not count towards sentence)
4. call fresh evidence

Question 22

When must the courts use the sentencing guidelines?

Answer 22

The court must follow the relevant guidelines when conducting a sentencing exercise, unless it would be contrary to the interests of justice to do so.

Question 23

What are sentencing guidelines?

Answer 23

Guidance on factors the court should take into account that may affect the sentence. They set out different levels of sentence based on the harm caused to the victim and how blameworthy the offender is (‘culpability’).

Question 24

Is there a general right to bail for appellants?

Answer 24

No. So the granting of bail is at the court’s discretion

Question 25

What is the court composition for re-hearing at Crown Court?

Answer 25

1 CC judge + 2 lay magistrates (1 if it would avoid unreasonable delay)

Question 26

What is a re-hearing procedure at the Crown Court?

Answer 26

The procedure is exactly like the original hearing: prosecution will present facts and D will mitigate before judge makes a decision