Appeals

Question 1

Can a Magistrates’ Bench revisit its Decision?

Answer 1

Yes. A Bench can Vary a Sentence or Quash a Conviction if it is in the Interests of Justice.

This is called the ‘Magistrate Slip Rule’.

Question 2

What is the Scope of the Magistrate Slip Rule?

Answer 2

To rectify Mistakes in Law or Procedure, not to provide an avenue for Appeal.

Appropriate cases include:

• All Parties agreeing a Mistake was made.
• The Defendant being wrongly Tried in Absence.
• The Authorised Court Officer giving incorrect Advice.

Question 3

What is the Procedure for Using the Magistrate Slip Rule?

Answer 3

Initiation:

• Usually, the Defendant submits an Application, but the Court may act of its own volition.

Hearing:

• The Application may be Heard by the same Bench.

Decision:

• Usually, only the Sentence will be varied, with Quashings reserved for more serious instances of Mistake.
• If the Conviction is Quashed by the same Bench, the Case will be Retried by a different Bench.

Question 4

How can a Magistrates’ Court Decision be Challenged at First Instance?

Answer 4

To the Magistrates’ Court for Retrial:

• For Errors of Fact or of Fact and Law.

To the Crown Court for Appeal:

• For Errors of Fact or of Fact and Law.

To the High Court for Appeal by Case Stated:

• For Errors of Law or Excess of Jurisdiction.

To the High Court for Judicial Review:

• For Instances of Unfairness or Procedural Irregularity.

Question 5

How can a Magistrates’ Court Decision be Challenged after the First Instance?

Answer 5

From the Crown Court, as a Trial Court:

• To the Court of Appeal (Criminal Division) on Appeal; then
• To the Supreme Court on Appeal.

From the Crown Court, as an Appellate Court:

• To the High Court (King’s Bench Division) on Judicial Review or Appeal by Case Stated.
• To the Supreme Court on Appeal by Case Stated regarding points of Law of general public importance.

Question 6

How can a Youth Court Decision be Challenged at the First Instance?

Answer 6

To the Crown Court for Appeal:

• For Errors of Fact or of Fact and Law.

To the High Court for Appeal by Case Stated:

• For Errors of Law or Excess of Jurisdiction.

To the High Court for Judicial Review:

• For Instances of Unfairness or Procedural Irregularity.

Question 7

What can be Appealed when Appealing to the Crown Court from the Magistrates’ Court?

Answer 7

Defendant Pleaded Guilty:

• Only the Sentence can be Appealed, unless the Plea was Equivocal.

Defendant Pleaded Not Guilty and Was Convicted:

• Both the Conviction and the Sentence can be Appealed.

Question 8

What are the Limitations to Appealing to the Crown Court from the Magistrates’ Court?

Answer 8

• The Prosecution cannot Appeal through this route.
• Even if Appealing solely against the Conviction, the Crown Court can impose any Sentence a Magistrate could have.

Question 9

What is the Procedure for Appealing to the Crown Court from the Magistrates’ Court?

Answer 9

Notice of Appeal:

• The Defendant must Serve Notice on the Prosecution and Magistrates’ Court within 15 Business Days of Conviction or Sentencing, whichever is later.
• The Defendant may apply for an Extension, but must explain the delay.

Appeal Hearing:

• The Case is Reheard and New Evidence is admissible.
• The Court is comprised of a Crown Court Judge and two Lay Magistrates.
  • One Lay Justice may be settled for to avoid unreasonable delay.

Outcome:

• Confirmation, Reversal, or Variation of the Lower Court’s Decision.
• Remittance of the Case to the Magistrates’ Court with a Judicial Opinion.
• The making of any Orders within the Magistrates’ original powers.

Bail follows the same Procedure as is ordinary.

Question 10

What is the Procedure for Abandoning an Appeal to the Crown Court from the Magistrates’ Court?

Answer 10

By Way of Notice:

• The Appellant may Abandon at any time by Notifying the Court and the Prosecution.
• If the Hearing has already started, permission is required.

By Way of Failing to Unrepresented:

• The Appellant may Abandon by failing to attend while being Unrepresented.
• If the Appellant is absent but a Representative is present, the Hearing may proceed.

Question 11

What are the Legal Cost Implictions of Appealing to the Crown Court from the Magistrates’ Court?

Answer 11

Successful Appeal:

• The Appellant may be awarded a Defence Costs Order.

Unsuccessful Appeal:

• The Appellant may be Ordered to pay the Prosecution’s Costs.

Abandoned Appeal:

• The Appellant may be Ordered to pay the Prosecution’s Costs, particularly if Abandonment is near the Hearing.

Question 12

What is the Procedure for Appealing to the Crown Court by way of Case Stated from the Magistrates’ Court?

Answer 12

Application to State a Case:

• The Prosecution or Defendant must Apply to the Magistrates’ Court to State a Case within 21 days of the Decision or Sentencing, whichever is later.
• The Application must contain specific legal questions concerning the Decision or Sentence.
• The Case Stated must be agreed upon by all Parties.

Appeal Hearing:

• The Case Stated is Heard by the Divisional Court of the King’s Bench Division. No New Evidence is admitted
• The Court is comprised of at least two Crown Court Judges, usually three.

Outcome:

• Confirmation, Reversal, or Variation of the Lower Court’s Decision.
• Remittance of the Case to the Magistrates’ Court with a Judicial Opinion.
• The making of any Orders within the Magistrates’ original powers.

Question 13

What are the Limitations to Appealing to the Crown Court by way of Case Stated from the Magistrates’ Court?

Answer 13

• It can only be made once the Magistrates’ Court has made a Final Determination.
• The Appellant can no longer Appeal to the Crown or High Court, but can still Apply for Judicial Review.

Question 14

What are the Grounds for Appealing to the High Court for Judicial Review?

Answer 14

• Excess of Jurisdiction.
• Breach of Natural Justice.
• Error of Law on the Face of the Record.

Question 15

What is the Deadline for Appealing to the High Court for Judicial Review from the Magistrates’ Court?

Answer 15

• The Prosecution or Defence must Apply within 3 months of the Ground arising.
• Unnecessary delay may result in rejection.

Only the High Court can grant Bail in the interim.

Question 16

Can a Crown Court Judge revisit its Decision?

Answer 16

• Yes. A Judge can Vary or Rescind a Sentence or any Order within 56 days of Issuance.
• This allows a change of the type of Sentence or the requirements attaching thereto.

This is also called the ‘Crown Slip Rule’.

Question 17

What are the Limitations of the Crown Court Slip Rule?

Answer 17

• The same Judge must make the Variation.
• If used for an Appeal from the Magistrates’ Court, Lay Magistrates need not attend.
• It cannot be used once the Court of Appeal has decided an Appeal or Application to Appeal.

Question 18

On what Grounds may the Defense Appeal to the Court of Appeal?

Answer 18

• Appeal against Conviction on Indictment.
• Appeal against Sentence on Committal for Sentence.
• Appeal against Sentence following Conviction on Indictment.
• Reference by the Attorney-General:
• Reference by the Criminal Cases Review Commission (“CCRC”).
• Prosecution Appeal against a Terminatory Ruling.
• Appeal against a Ruling made at a Preparatory Hearing in a Serious Fraud Case.

Question 19

What are the Requirements to Gain Permission to Appeal Against Conviction or Sentence in the Court of Appeal?

Answer 19

• The Appellant must convince a single Judge that the Appeal is arguable on the merits.
• If Permission is denied, the Appellant may renew the Application before the Full Court.

Question 20

What is the Procedure for Gaining Permission to Appeal Against Conviction or Sentence in the Court of Appeal?

Answer 20

Deadline:

• The Appellant must Serve Notice of Appeal on the Registrar of the Criminal Division of the Court of Appeal within 28 days of Conviction or Sentence.
• The Appellant may apply for an Extension, but must explain the delay.

Advice from Counsel:

• Counsel should advise immediatley after Conviction or Sentence, drafting an Advice and Grounds Statement.
  • If there are no Grounds, a Negative Advice Statement should be prepared.
• The Statement must be sent to the Appellant and its Solicitors for approval.

Transcripts:

• The necessary Court Transcripts are obtained from Crown Court Registrar.

Perfecting Grounds:

• Upon receiving Transcripts, Counsel may Perfect the Grounds within 14 days.
• This may entail amending, deleting, or adding new Grounds, but if no Perfection is needed, Counsel should notify the Registrar.
• If it becoms clear there are no Grounds, a Negative Advice Statement should be prepared.

Respondent’s Notice:

• The Court may direct the Prosecution to Serve a Respondent’s Notice to assist the Single Judge.

Question 21

What are the Possible Outcomes of an Applicaiton to Appeal Against Conviction or Sentence in the Court of Appeal?

Answer 21

• Denial of Permission.
• Granting of Permission to Appeal wholly or partly.
• Referral to a Full Hearing without Permission to Appeal.

The single Judge must provides reasons.

Question 22

What is the Procedure for Gaining Permission to Appeal Against Conviction or Sentence in the Court of Appeal after it has been Denied or Referred for a Full Hearing?

Answer 22

Deadline (Denial Only):

• The Appellant must Renew the Application within 10 business days of Denial.

Renewal Hearing (Denial and Referral):

• The Application is Heard Orally by the Full Court, which comprises:
  • Two Judges for Sentence Appeals; or
  • Three Judges for Conviction Appeals.
• Counsel may appear privately or pro bono, and must notify the Court of it intends to do so.

Loss of Time Order (Denial Only):

• If the single Judge’s reasoning indicates the Appeal was meritless, the Court may issue a Loss of Time Order.
• This excludes days spent in Custody awaiting Appeal from counting toward the Appellate’s Sentence.

This also applies if the Appeal has been Partly Granted.

Question 23

What is the Procedure for Gaining Permission to Appeal Against Conviction or Sentence in the Court of Appeal by Direct Referral?

Answer 23

• Upon Application, the Registrar sends the Case to the Full Court directly.
• This usually only occurs if:
  • A Novel Point of Law has arisen.
  • There is reason for expeditiousness.
  • An Unlawful Sentence needs correction.

Question 24

Regarding an Appeal Against Conviction or Sentence in the Crown Court, what is a Certificate of Trial Judge?

Answer 24

• Certification that the given Case is fit for Appeal, obviating the need for Permission.
• This is usually only given if the Judge recognises a significant legal question that needs consideration.

Question 25

What are the Grounds for Appealing Against Conviction in the Court of Appeal?

Answer 25

* **Fresh Evidence**. * **Defects** in the **Indictment**. * **Conduct** of the **Trial Judge**. * **Inconsistent Jury Verdicts**. * **Ineffective Assistance** of **Counsel**. * **Wrongful Admission** or **Exclusion of Evidence**. * **Incorrect Legal Rulings**, which includes: * **Misdirections** during **Summing Up**. * **Rejection** of a **No Case to Answer Submission**.

Question 26

What are the Grounds for Appealing Against Sentence in the Court of Appeal?

Answer 26

* **Manifest Excessiveness**. * **Error** in **Law or Principle**. * **Disparity Between Co-Defendants**. * **Consideration** of **Improper Factors**. * **Failure** to **Consider Relevant Factors**.

Question 27

What are the Grounds for Appealing a Guilty Plea in the Court of Appeal?

Answer 27

The **Plea** was: * **Not made freely** and **voluntarily**. * **Made after** an **Incorrect Legal Ruling**.

Question 28

In an Appeal Hearing at the Court of Appeal, how are Representations handled?

Answer 28

* The **Prosecution usually barred** from making **Representations** in **Sentence Appeals**. * If the **Appellant qualifies** for **Legal Aid**, a **Representation Order** is made **after Premission** is granted.

Question 29

What is the Deadlne for submitting Skeleton Arguments for an Appeal at the Court of Appeal?

Answer 29

**For the Appellant:** * **21 days** before the **Hearing**. **For the Respondent:** * **14 days** before the **Hearing**.

Question 30

Must the Appellant be Present during an Appeal Hearing at the Court of Appeal?

Answer 30

* The **Appellant does not have** an **automatic Right** to Presence; but * The **Court may compel** its Presence **if it believes it is necessary**.

Question 31

What is the Test on Appeal at the Court of Appeal?

Answer 31

**For Appeals of Conviction:** * The Conviction is **unsafe**. **For Appeals of Sentence:** * The **Court believes** the **Sentence** is **wrong in Law** or **manifestly excessive**.

Question 32

What are the Powers of the Court of Appeal?

Answer 32

**On Conviction Appeals:** * Quash the Conviction. * Order a Retrial if it serves the Interests of Justice. * Substitute a Verdict for a Lesser or Alternative Offence, but only if appropriate and permissible. **On Sentence Appeals:** * Quash the Order or Sentence. * Impose a Different Sentence within the Lower Court's power, so long as it is not more severe than the Original.

Question 33

When will the Court of Appeal allow the Admission of New Evidence?

Answer 33

When it is **necessary or expedient** in the **Interests of Justice**, subject to the **following considerations**: * **Believability**. * **Relevance** to Grounds. * **Admissibility** in the Original Trial. * **Explanation for Omission** in the Original Trial. ## Footnote The requisite of **necessity or expedience also applies** to the **production of Documents or Witnesses** from the Original Trial.

Question 34

When will the Attorney General Refer to the Court of Appeal?

Answer 34

* To have the Court **reconsider** an **unduly lenient Sentence**. * To seek the **Court's Opinion** on a **Point of Law following Acquittal**.

Question 35

What is the Effect of an Attorney General's Reference to the Court of Appeal on a Point of Law following Acquittal?

Answer 35

**Effect on Acquittal:** * The Acquittal will remain intact regardless of the Court of Appeal's decision. * The Defendant is entitled to make representations at the Hearing. **Further Appeal:** * The Court of Appeal can escalate the Case to the Supreme Court if needed or upon either Party's request.

Question 36

What is the Effect of an Attorney General's Reference to Review an Unduly Lenient Sentence?

Answer 36

**Scope:** * Only a Sentence an Indictable-Only Offence or specific Either-Way Offences may be referred. * The Attorney General must make a Reference within 28 days of Sentencing. **Procedure:** * The Court of Appeal reviews the Sentence on the facts. **Outcome:** * The Sentence can be increased if found unduly lenient, i.e. outside the reasonable range of Sentences. * The Court may award a discount for Double Jeopardy, recognising the Defendant's uncertainty in the interim.

Question 37

What is the Effect of a Referral by the Criminal Cases Review Commission?

Answer 37

**Powers:** * The Commission can refer any Conviction or Sentence to the Court of Appeal (Indictable) or the Crown Court (Summary) at any time. **Criteria for Referral:** * Whether there is a real possibility of a Quashing, particularly based on new arguments or information that were unavailable at Trial. * Exceptional circumstances may warrant Referral even without new material.

Question 38

What is a Terminatory Ruling?

Answer 38

A **Ruling** that **Ends a Case**, but **not** by way of **Discharging the Jury**.

Question 39

What is the Prerquisites for a Prosecution Appeal against a Terminatory Ruling?

Answer 39

* The **Ruling** must have been **made before Summing Up**. * The **Ruling** must **not** be **Appealable through other means**. * The **Prosecution** must **assure** that **Denial or Abandonment** of Appeal would **result** in the **Defendant's Acquittal**.

Question 40

What is the Procedure for a Prosecution Appeal against a Terminatory Ruling?

Answer 40

**Notice of Intention to Appeal:** * Prosecution Counsel must immediately Notify the Lower Court Judge of its intention to Appeal or request an Adjournment. * Adjournment is usually for one business day, after which, formal Notice of Intention must be given. **Notice of Appeal:** * Notice must be Served on the Court, Defendant, or the Court of Appeal's Registrar. * For Expedited cases, the deadline is one business day from Notice of Intention. * For Non-Expedited cases, the deadline is five business days from Notice of Intention.

Question 41

What is the Alternative Procedure for a Prosecution Appeal against a Terminatory Ruling?

Answer 41

**Oral Application:** * The Prosecution Applies Orally to the Tiral Judge for Permission to Appeal. **Representations and Decision:** * Both Partis make Representations and the Judge decides whether an Appeal has a real prospect of success. **Second Chance:** * If the Trial Judge Denies, the Prosecution can still with the Standard Procedure from the Notice of Appeal stage.

Question 42

What are the Procedure for Appealing to the Supreme Court?

Answer 42

**Deadline:** * Application must be within 28 days of the Court of Appeal's Ratio. * In Attorney-General Reference cases, within 14 days of the Court's Ratio. **Certification of Importance:** * Either the Court of Appeal (First Instance) or Supreme Court (Second Instance) Certify that the Case involves a Point of Law of General Public Importance. **Permission to Appeal:** * Either the Court of Appeal (First Instance) or Supreme Court (Second Instance) must grant Permission to Appeal.