Appeals Flashcards
What is the magistrates slip rule?
S142 Magistrates’ Court Act 1980 gives the magistrates’ court the power to vary a sentence or set aside a conviction if it is in the interests of justice to do so.
The power is a narrow one and is not intended to permit a D to argue that the decision on their case was wrong-that is a matter for an appeal.
What are the three means of challenge open to a D to challenge a magistrates court decision?
a) Appeal to the Crown Court, by way of re-hearing;
b) Appeal to the High Court, by way of case stated;
c) Application to the High Court for judicial review of the decision
What is the D’s automatic right of appeal under S108 Magistrates Court Act 1980?
It provides that a person may appeal to the Crown Court:
-if the D pleaded guilty, against sentence; or
-if the D pleaded not guilty and was found guilty after trial, against the conviction or sentence
The prosecution cannot appeal via this route. Its options are limited to the other two means of challenge.
When must a notice of appeal be lodged?
Notice of appeal must be lodged within 15 business days of sentence.
Who will hear an appeal in the Crown Court?
The appeal will be heard by a judge of the Crown Court and two lay magistrates.
What are the powers of the Crown Court on appeal?
It can:
-confirm, reverse or vary the decision appealed against or any part of it;
-remit the matter with its opinion to the magistrates
-make any other order which the Court think is just, so long as they exercise only the power the magistrates could have
What is an appeal by way of case stated to the High Court?
This is a form of appeal to the High Court on the basis that the decision made was wrong in law or in excess of jurisdiction.
The D applies to the magistrates’ court to “state a case” for the opinion of the High Court. This will take the form of a question/questions about decisions of law or procedure which the D asserts were wrongly decided.
What is the deadline for appeal by way of case stated to the High Court?
21 days from the date of the decision sought to be appealed.
What is the Crown Court slip rule?
S385 Sentencing Act 2020 empowers a judge to vary or rescind a sentence within 56 days of it being made. This is to save both time and money in removing the need for either party to appeal in cases where a recognisable error has been made in the sentence.
What is the procedure for appeal against conviction or sentence in the Crown Court?
Leave is required to appeal to the Court of Appeal. Appellants need to convince a single judge that their appeal is arguable on the merits before it can proceed to an oral hearing before a 2 judge court (sentence) or a 3 judge court (conviction).
If leave is refused by the single judge, a party may renew an application for leave orally before the relevant panel.
What is the deadline for appeal against conviction or sentence in the Crown Court?
The Notice of Appeal must be served on the Registrar of the Criminal Division of the Court of Appeal within 28 days of conviction/sentence.
What are the powers of the Court of Appeal for an appeal against conviction?
-quash the conviction
-order the appellant to be retried
-substitute a verdict of guilty for an alternative offence
What are the powers of the Court of Appeal for an appeal against sentence?
-quash any sentence or order
-make such order as they think appropriate but which the court below had power to pass or make
