Appeals

Question 1

what is the slip rule

Answer 1

Magistrates Court has the power to vary sentences or set aside a conviction/sentence/ other orders if it is in the interests of justice (s142 Magistrates Court Act 1980)

Question 2

what are the three means of appealing a MC decision?

Answer 2

1. Appeal to CC- rehearing
2. Appeal to HC -case stated
3. application to HC for judicial review

Question 3

R v Hereford what are the different appeal rules

Answer 3

CC- MC made error of fact or mixed fact and law. (by way stated)

HC- MC made an error of law or acted in excess of their jurisdiction

HC- unfairness, bias, or procedural irregularity

Question 4

appeal from MC to CC within how many days should appeal be lodged?

Answer 4

15 BD serve on MC and pros

Question 5

what powers does the CC have on the appeal

Answer 5

• confirm, reverse or vary the decision
• remits the matter with its opinion to MC
• make any other order

Question 6

Appeal by war of case stated, what powers does the HC have?

Answer 6

Reverse, affirm, or amend the MC courts decision or make any other order

Question 7

what is the procedure for the appeal by way stated?

Answer 7

• court must agree to the case stated
• If D applied to the MC by way of case to HC this will take the form of questions where the decisions of law/procedure were wrong
• parties will agree on the final case states which will include a summary
• the appeal id heard by the divisional court of the queens bench divine of the HC
• two judges
• no evidence

Question 8

what is the deadline to appeal by way case states

Answer 8

21 Days

Question 9

what issues fall under an application for judicial review (3)

Answer 9

1. error of law
2. express of jurisdiction
3. Breach of natural justice

Question 10

what is the deadline for judicial review?

Answer 10

• within three months after the grounds arose

Question 11

bail for by way of case stated- who has the power?

Answer 11

MC or is refused the HC

Question 12

Can you appeal to CC after by way of case stated to HC

Answer 12

no you loose your right

Question 13

R (p) v Liverpool city Magistrates guidance

when is by way of case stated v JR

Answer 13

It would be wrong to seek judicial review where case stated was appropriate, merely in order to avoid the more stringent time-limit

Judicial review more appropriate:

where there is an issue of fact to be raised and decided which the justices did not decide themselves

where it is alleged that there has been unfairness or bias by the justices.

Question 14

Slip rule CC

Answer 14

-Crown court can amend sentence within 56 days of it being made
-the judge who passed the sentence must be the one who varies it
- if an appeal or an application for leave have been decided by the CoA then the slip rule can no longer be used in the CC

Question 15

for appeals from CC what is the test for appeals against conviction

Answer 15

court can allow an appeal only if they think that the conviction is unsafe

Question 16

for appeal from CC what is the test for appeals if the appeal is against sentence

Answer 16

the appeal can be allowed if the court thinks that D should be sentenced differently

Question 17

what is the procedure for appeal to COA

Answer 17

1. Judge can certify
2. if not notice of appeal submitted within 28 days to CC register
3. Registrar send to single judge or full court
4. if either reject then 10 BD to re-submit application

if accepted:
2 judge court- sentence appeal
3- 3 judge court- conviction appeal