Appeals Flashcards
How can decisions of the magistrates’ court be challenged
(D feels they have reached the wrong decision)
a) Appeal to Crown Court by way of a re-hearing
b) Appeal to High Court by way of case stated
c) Application to High Court for judicial review
Where defendant complains that magistrates made an error of fact or mixed face and law
Appeal to Crown Court
- re-hearing
Where defendant complains that magistrates made an error of law or acted in exceed of jurisdiction
Appeal by way of case stated to High Court
Where defendant alleges unfairness, bias, irregularity
High Court Judicial review
Crown Court re-hearing
Automatic right = does not require leave
What is the procedure to apply for re-hearing in Crown Court
Notice of appeal must be lodged within 15 business days of sentence (not conviction)
Powers of the Crown Court if the appeal against sentence fails?
If the appeal fails, the Crown Court can pass any sentenced that was available to the magistrates’ court at the time of original sentencing
Does interests of justice (merits test) apply for appeals to Crown Court?
for legal funding
Interests of justice test does not apply to appeals in Crown Court against conviction
Means test: £12,475 or less to pass it
What are the grounds for appeal in Crown Court?
Appeal from Crown Court
There is no automatic right of appeal from the Crown Court to the Court of Appeal
Need to establish grounds:
- conviction is unsafe
- sentence is manifestly excessive
What are the time limits for lodging grounds for appeal in Court of Appeal?
Notice of Appeal must be served on the Registrar of Criminal Division of Court of Appeal
- within 28 days of conviction (conviction appeal)
- within 28 days of sentence (sentence appeal)
Can an applicant renew the application if leave is not granted in Court of Appeal?
If leave is refused by the single judge/granted on some but not all grounds –> appellant can renew application
- must serve form on Court of Appeal within 10 business days of receipt of notification of judge’s decision
If leave is granted the matter is listed for appeal before:
- A 2 Judge Court for sentence appeals
- A 3 judge court for conviction appeals
What is a loss of time order
The Court of Appeal can direct that some or all of the time spent in prison between date of lodging appeal and date of dismissal may be ordered not to count towards appellant’s sentence
- may be imposed where application is considered wholly without merit
- must advise client of this risk
Who is the appeal in the Crown Court (following appeal from MC –> CC) heard by?
Appeal is heard by Crown Court judge and two lay magistrates
Who sits on an oral hearing at Court of Appeal (following appeal from Crown Court)?
- 2 judge court if sentence appeal
- 3 judge court if conviction appeal
