Appealing Decision of Mags Court Flashcards
What is the power to rectify mistakes? (1980 Act)
Power to vary sentence or set aside conviction or orders if it is in the interests of justice. Narrow power and not intended to argue that case wrongly decided.
Likely to be used where the Mags make error of law / procedure which they can rectify and the parties agree it occurred.
e.g authorised court officer incorrectly advised Mags, D did not attend for trial but had good reason, change to sentence.
What are the 3 methods of appeal?
- Rehearing at Crown Court
- Appeal to High Court by way of case stated
- Judicial review in the High Court
When can a case be reheard in Crown Court?
- Right of defence only, no need for court permission.
- Appeal against sentence or conviction.
- Error of fact or law
Upheld: Crown can pass any sentence Mags could have passed
Dismissed: can appeal to HC by way of case stated.
What is the procedure for rehearing in Crown Court?
Lodge notice of appeal within 15 days of sentence and serve this on Mags Court and Prosecution. If outside time limit, attach application for extension and reasons for delay.
- Can introduce fresh evidence
- Written charge on which appeallant convicted cannot be amended by CC
- Heard by CC judge + 2 lay mags or 1 if otherwise delayed.
- No right to bail pending appeal, have to apply to Mags
Can an appellant abandon an appeal?
Yesat any time, Crown court would then lose power to vary decision. Appellant should give notice in writing to both courts and prosecution. Permission of court required once hearing has started.
If appellant fails to attend and unrepresented, treated as abandoned.
What powers does the Crown Court have on appeal?
1) confirm, reverse or vary decision
2) Remit matter with its opinion to Mags Court
3) Make any other order it thinks just (limited to powers of Mags court)
4) Increase / decrease sentence
What is appeal to the High Court by way of case stated?
By prosecution or defence on the basis that the decision is wrong in law or in excess of jurisdiction.
- Permission required from Mags Court.
- Final case stated will be agreed by all parties + include summary of evidence, legal argument and decision.
- Lose right to appeal to Crown Court.
What is the procedure for appeal by way of case stated?
- No evidence heard, based on legal submissions
- Once case stated by Mags, treated as civil matter
- Deadline is 21 days from date of decision being appealed.
What powers does the High Court have?
- Reverse, affirm or amend Mags decision
- Remit case to Mags with opinion
- Make any other order it sees fit
- Parties can appeal on to Supreme Court.
