Appeal Procedure

Question 1

Appeal Procedure

Appeal from MC to CC- what will suffice straight after D sentenced?

Answer 1

A hand written note (copy sent to the clerk and CPS)

Question 2

Appeal Procedure

Appeal against Convicton Results in?
Appeal Against Sentence Results in?

Answer 2

1. a complete re-hearing (all evidence & witnesses)
2. No new evidence and witnesses

(in both cases, its a CJ & Recorder and 2 Magistrates)

Question 3

Appeal Procedure

Which Appeal is by way of “Case Stated” and what is the time limit to appeal?

Answer 3

Appeal to High Court (or Div Court of QB) by MC when magistrates acted outside of their jurisdictional power.

Defence (or Prosecution) must ask the MC within 21 days to “state a case” and its then lodged to HC.

Question 4

Appeal Procedure

What is Judicial Review and what are the 3 Orders?

Answer 4

High court exercises power over inferior courts (MC and CC) to prevent breaches of natural justice.

1. Prohibiting Order
2. Quashing Order (quashes proceedings of inferior court)
3. Mandatory Order

Statement of Grounds & Affadavit/Notice of Motion

Question 5

Appeal Procedure

Which Appeal is done by way of “Leave to Appeal” and what is the Time Limit?

Answer 5

Appeal from CC to CA direct and certificate requires granting.

Application must be lodged with CA within 28 days after Conviction or Sentence.

Relates to unsafe convicitons only via a subjective test…“Have I a reasonable doubt, or even a lurking doubt that this conviction may be unsafe?”

Includes Notice of Grounds form

Question 6

Appeal Procedure

What Criteria is required for the Supreme Court to hear an appeal?

Answer 6

A point of law of general public importance