Appeal Routes Flashcards
What is the appeals route from the magistrates court ?
…………………….Supreme court…………………………..
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Administrative court | Crown court
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Magistrates court
What is the reason for having two routes for appeal from the magistrates court ?
The route used depends if the appeal is on a “point of law” or other reasons.
Who can appeal to the crown court from the magistrates court ?
(Only the defence) A defendant who has pleaded not guilty in the Magistrates Court may appeal to the Crown Court on the grounds of conviction or sentence but the defendant pleads guilty, he can only appeal against his sentence.
What is the appeal process to the crown court, from the magistrates court (when D has plead not guilty)
At the Crown Court the case will be re-heard including any evidence that was not available by a judge and two lay magistrates. They can confirm or vary they conviction and/or sentence or find the defendant guilty of a lesser offence.
What is the appeal process to the crown court, from the magistrates court (when D has plead guilty)
The appeal will be heard in the Crown Court, and they can confirm the sentence, or they can increase or decrease it.
When increasing the sentence after an appeal from the magistrates court, in the crown court, what is the maximum sentence that can be given ?
The maximum that a magistrate themselves can pass themselves (12 month imprisonment)
Who can appeal from the magistrates court to the Administrative court (QBD) ?
Available for prosecution and defence and can be direct from Magistrates court or following an appeal in the Crown Court.
Why is an appeal to the Administrative court (QBD) used ?
This route is used if the prosecution or defence claim the Magistrates made a mistake about the law.
Who hears appeals in the Administrative court ?
It is usually heard by 2 High Court Judges from the
Queen’s Bench Division.
What is the appeal process in the Administrative court ?
The magistrates are asked to state their case by explaining their own findings of fact and their decision. The appeal is then argued on the basis of what the law is on those facts, no witnesses are called. The approach will be that the magistrates came to a wrong decision because they made a mistake about the law. The Divisional Court may confirm, vary or reverse the decision, or send the case back for the magistrates to implement the decision on the law.
Who can appeal from the magistrates court, to the supreme court ?
This route can be used by the defence and prosecution, after the Administrative court (QBD), it must be on the grounds of a point of law of general public importance and permission (leave) must be granted by the Supreme Court / QBD.
What is the appeals route from the crown court ?
European court
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Supreme court
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Court of Appeal
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Crown court
Who can appeal to the court of appeal ( defence ) ?
Defendant may appeal against conviction or sentence if it is unduly harsh, or both and leave to appeal must be granted either by the trial judge or from the Court of Appeal itself. However, the only ground for allowing an appeal against conviction is that the conviction is unsafe.
What is the appeal process for the defence to the court of appeal, from the crown court ?
When hearing an appeal, the defence may admit new evidence to the Court of Appeal if it is “capable of belief” and if it “would provide a ground for appeal”. The Court of Appeal can quash, vary or dismiss the appeal. They can also order a re- trial in front of a new jury. If the appeal is against the sentence, it can only be decreased on appeal.
Who can appeal to the court of appeal ( prosecution ) ?
The prosecution can appeal against a trial judge’s ruling to make sure that an error of law by the judge does not result in an acquittal. They can also appeal if the acquittal was the result of jury nobbling, or if “new and compelling” evidence of the acquitted person’s guilt comes to light and it is in the “public interest” for D to be re-tried.
What is defined under s.36 of the criminal justice act ? ( about the prosecutions appeal from the crown court to the court of appeal ?)
-The prosecution may ask the Attorney-General to seek leave from the Court of Appeal to consider an unduly lenient sentence under s36 Criminal Justice Act.
-The Attorney-General may refer a point of law to the Court of Appeal if the prosecution is concerned about an acquittal – but this will merely settle the law on
that point for future cases, but it will not affect the acquittal,
Who can appeal to the supreme court ?
Both the prosecution and the defence have the right to appeal from the Court of Appeal to the Supreme Court.
The Court of Appeal have to certify that it involves a point of law of public importance and either the Court of Appeal or the Supreme Court must give permission to appeal. This means very few cases are appealed to the Supreme Court.
