Appeal MC decisions I Flashcards
How can decisions from the MC be challenged?
- Slip rule
- Appeal to CC by way of re-hearing
- Appeal to High Court by way of case stated
- Appeal to High Court for JR
What is the slip rule?
The magistrates’ power to rectify mistakes made by themselves.
When is the slip rule most appropriate?
Where all parties agree that a mistake was made
Who usually makes an application under the slip rule?
The defendant usually makes an application, but the court can amend under their own volition.
Who can hear the application for the slip rule?
The same magistrate can hear the application.
What happens if a conviction is set aside?
The case will be re-tried by a different bench.
What are some reasons for setting aside a conviction under the slip rule?
- Legal adviser provided the magistrate with wrong legal advice.
- Defendant was tried in their absence due to emergency hospital admission.
- Financial penalty imposed was higher than the statutory minimum for the offence.
What is the basis for an appeal from the Magistrates’ Court to the Crown Court?
A defendant can appeal if they believe there was an error of fact or a mixed error of fact and law.
Does D need to apply for permission to appeal to the CC?
No, there is an automatic right of appeal that does not require leave.
What types of appeals can be made from MC to CC?
Both appeals of conviction and sentence can be made.
Can the prosecution appeal via the same route as the defendant?
No, the prosecution cannot appeal via this route.
What can the Crown Court do if a defendant appeals against conviction?
The Crown Court can uphold the conviction or pass a sentence that is more severe than the original.
What is the only option for a defendant who pleaded guilty?
An appeal against sentence is the only option unless the defendant can demonstrate that their plea was equivocal.
What is the time frame for lodging a notice of appeal?
The notice of appeal must be lodged within 15 business days of the sentence.
What must accompany a late notice of appeal?
It must be accompanied by an application for extension of time with reasons for the delay.
Who must the notice of appeal be served on?
It must be served on the Magistrates’ Court and the Prosecution.
What should the notice of appeal specify?
It should:
- Specify the conviction, sentence, order, or decision which the appellant wishes to appeal.
- Summarise issues
- State whether MC has been asked to reconsider or why this is not applicable
- State on whom the appeal notice has been served
What is the nature of the hearing for an appeal?
The appeal is by way of rehearing, similar to a trial with speeches, witnesses, and relevant submissions.
Can parties present different evidence than in the first hearing?
Yes, parties are not limited to the same evidence as the first hearing.
Can the information (written charge) be amended by the Crown Court?
No, the information cannot be amended by the Crown Court.
Who hears the appeal?
It will be heard by a judge of the Crown Court and two lay magistrates.
Can proceed with one lay mag if this might cause unreasonable delay
How do sentence appeals proceed?
Sentence appeals proceed in the same way as the original hearing, with facts presented and mitigation heard.
Can bail pending appeal be applied for?
Yes, bail pending appeal can be applied for in the Magistrates’ Court.
What happens if bail is refused in the Magistrates’ Court?
An appellant may apply for bail from the Crown Court.
Is there a right to bail pending appeal?
No, there is no right to bail pending appeal.
Can an appellant abandon their appeal?
Yes, an appellant may abandon their appeal at any time. The CC no longer has the power to vary the MC decision.
What should an appellant do if they abandon their appeal?
They should give notice in writing to the Magistrates’ Court, the Crown Court, and the prosecution.
What happens if the appellant and their representation fail to attend?
The appeal is treated as abandoned.
What powers does the Crown Court have on appeal?
- The Crown Court can confirm, reverse, or vary any decision or part of a decision.
- They can remit the matter with its opinion to the MC
- They can make any other order which it thinks is just
What is required after a conviction appeal?
The Crown Court must give reasons for its decision but this does not need to involve a formal re-examination of the MC decision
What is considered in a sentence appeal?
The Crown Court considers whether the sentence imposed was correct.
Can a sentence be increased or decreased on appeal?
Yes, the sentence can be increased or decreased.
What costs may a successful appellant be awarded?
A successful appellant may be awarded a defence costs order.
What costs may an unsuccessful appellant be required to pay?
An unsuccessful appellant may be required to pay the prosecution’s costs.
What happens to costs if an appeal is abandoned?
Costs are usually only awarded against the appellant if abandonment is served within 24 hours of the appeal hearing.
