Appeal Flashcards
What court can the defendant appeal a magistrates court decision? What can I appeal?
Crown court
sentence (no new evidence allowed) and/or conviction (new evidence allowed)
On what basis can you appeal a magistrates court decision? (2)
i. error of fact
ii. error of mixed fact and law
Do you need permission to appeal a Magistrates court decision? What must you serve? When must you serve by?
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
What powers does the CC have when hearing a magistrates court appeal? (3)
- remit matter to magistrates court
- affirm, amend or reverse the decision
- any other order court sees fit so long as the magistrates court would have this power
Who can appeal by way of case stated (HC)?
both D and P
On what basis can you appeal by way of case stated? (2)
i. Error of law or
ii. acted in excess of their jurisdiction
Do you lose the power to appeal to the CC if you appeal by way of case stated?
Yes
What is the next court to appeal to after appeal by way of case stated?
Supreme Court
How long you have to apply to appeal a MC decision by way of case stated?
21 business days from date of decision
What information is presented during an appeal by way of case stated?
legal submissions
no new evidence is heard
What powers does the court by way of case stated have?
Affirm, amend or reverse
Who can make an application for JR?
both D and P
What is the deadline to apply for JR?
promptly and in any event within 3 months
What appeal options do you have if you are not happy with a CC decision? (2)
- COA
- power to rectify mistakes (applies to sentence only)
On what ground are cases taken to the Supreme Court?
point of law of general public importance
What is the power to rectify mistakes?
means to correct an unlawful sentence
Is permission needed to appeal to the COA? Unless…
Yes. Unless trial judge certifies the case as “fit for appeal”
What if the single judge rejects the on paper application to the COA? When must you do this by?
apply again but for oral permission within 10 business days of notification
What is the procedure for applying to the COA? What happens if the application is successful?
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)
What is the time limit to apply to the COA from the CC?
within 28 days of conviction or sentence
What are the powers of the COA?(4)
- conviction
- sentence
- loss of time order (time spent between date of appeal and date of dismissal does not count towards sentence)
- call fresh evidence
When must the courts use the sentencing guidelines?
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.
What are sentencing guidelines?
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’).
Is there a general right to bail for appellants?
No. So the granting of bail is at the court’s discretion
