Appeals

Question 1

What’s the first thing someone unhappy with a Magistrates’ Court decision should think about?

Answer 1

“If the magistrates made a simple mistake they can fix themselves (under Section 142 of the Magistrates’ Court Act 1980).”

Question 2

What kind of mistakes can magistrates usually correct themselves?

Answer 2

“Errors in law or how they did things (procedure)

Question 3

Can a defendant just ask the magistrates to re-hear their whole case as a ‘mistake’?

Answer 3

“No

Question 4

If the magistrates made a mistake and agree to fix it, can the same judges re-try the case?

Answer 4

“No

Question 5

What are the three main ways a defendant can challenge a Magistrates’ Court decision if they think it was wrong?

Answer 5

“1. Appeal to the Crown Court (for a re-hearing). 2. Appeal to the High Court (by way of case stated - for errors in law). 3. Apply to the High Court for judicial review (for unfairness or legal errors in how they acted).”

Question 6

If a defendant thinks the magistrates got the facts wrong, which court should they usually appeal to?

Answer 6

“The Crown Court

Question 7

If a defendant thinks the magistrates made a mistake about the law, which court should they usually appeal to?

Answer 7

“The High Court

Question 8

If a defendant thinks the way the magistrates treated them or the trial was unfair, which court should they usually apply to?

Answer 8

“The High Court

Question 9

Can the prosecution appeal to the Crown Court if they don’t like the magistrates’ decision?

Answer 9

“No

Question 10

If a defendant appeals their conviction to the Crown Court and loses, what can the Crown Court do about the sentence?

Answer 10

“The Crown Court can change the sentence to anything the magistrates could have given

Question 11

How long do you usually have to appeal to the Crown Court after the sentence?

Answer 11

“15 business days.”

Question 12

What happens in a Crown Court appeal?

Answer 12

“It’s like having the trial again

Question 13

Can you get bail (be free) while you’re waiting for your appeal to the Crown Court?

Answer 13

“You can ask the Magistrates’ Court

Question 14

What’s ‘appeal by way of case stated’ to the High Court about?

Answer 14

“It’s when you think the magistrates made a mistake about the law or didn’t have the power to do what they did. The magistrates write down the legal question for the High Court to decide.”

Question 15

How long do you usually have to apply for ‘appeal by way of case stated’?

Answer 15

“21 days from the date of the magistrates’ decision.”

Question 16

What’s ‘judicial review’ to the High Court about?

Answer 16

“It’s when you think the magistrates acted unfairly

Question 17

How quickly do you usually have to apply for ‘judicial review’?

Answer 17

“Promptly

Question 18

If you appeal to the Crown Court and they agree with the magistrates, can you then appeal to the High Court?

Answer 18

“Yes

Question 19

If you’re appealing to the High Court (either by case stated or judicial review), who hears your appeal?

Answer 19

“Usually two or three judges in the Divisional Court of the Queen’s Bench Division of the High Court. They don’t hear new evidence

Question 20

If you don’t agree with the High Court’s decision on your appeal, can you appeal again?

Answer 20

“Yes

Question 21

What’s the ‘slip rule’ in the Crown Court?

Answer 21

“It’s like a ‘oops

Question 22

Who can use the ‘slip rule’ in the Crown Court?

Answer 22

“Only the judge who gave the original sentence can use it to make a change.”

Question 23

Can the ‘slip rule’ be used after an appeal has already been decided?

Answer 23

“No

Question 24

What kind of things can be changed using the ‘slip rule’?

Answer 24

“It’s not just small errors – it can even be the type of sentence or the rules attached to a community sentence.”

Question 25

What's the next step if someone thinks the Crown Court made a wrong decision and it's been more than 56 days?

Answer 25

"They can appeal to a higher court called the Court of Appeal (Criminal Division)."

Question 26

What kind of decisions from the Crown Court can the Court of Appeal (Criminal Division) look at?

Answer 26

"Appeals against being found guilty

Question 27

Do you automatically get to appeal to the Court of Appeal?

Answer 27

"No

Question 28

What happens if a single judge in the Court of Appeal doesn't give permission to appeal?

Answer 28

"You can ask a bigger group of judges (2 for sentence

Question 29

How long do you usually have to start an appeal to the Court of Appeal after being found guilty or sentenced?

Answer 29

"28 days."

Question 30

What should a lawyer do if they think there are good reasons to appeal a Crown Court decision?

Answer 30

"They should quickly give advice

Question 31

Can the judge who did the trial in the Crown Court ever say the case should be appealed?

Answer 31

"Yes

Question 32

What are 'transcripts' in an appeal?

Answer 32

"They are written records of what was said in the Crown Court

Question 33

What does it mean to 'perfect' your appeal reasons?

Answer 33

"After getting the transcripts

Question 34

What happens if the Court of Appeal thinks the appeal doesn't have any good reasons?

Answer 34

"They might say that some of the time the person spends in prison while waiting for the appeal won't count towards their sentence – this is called a 'loss of time' order."

Question 35

What's the test the Court of Appeal uses when looking at an appeal against being found guilty?

Answer 35

"They can only allow the appeal if they think the conviction (being found guilty) is 'unsafe'."

Question 36

What's the test the Court of Appeal uses when looking at an appeal against a sentence?

Answer 36

"They can allow the appeal if they think the person should have been sentenced differently."

Question 37

What can the Court of Appeal do if they agree that someone was wrongly found guilty?

Answer 37

"They can cancel the conviction. They might even order a new trial if it's in the interest of fairness. They could also say the person was guilty of a different

Question 38

What can the Court of Appeal do if they think a sentence was wrong?

Answer 38

"They can change the sentence to something they think is right

Question 39

Can the Court of Appeal hear new evidence that wasn't used in the original trial?

Answer 39

"Yes

Question 40

What are some common reasons for appealing against being found guilty?

Answer 40

"Things like the wrong evidence being used

Question 41

What are some common reasons for appealing against a sentence?

Answer 41

"Saying the sentence was too harsh

Question 42

Can you appeal to the Court of Appeal even if you said you were guilty in the Crown Court?

Answer 42

"Yes

Question 43

What happens if the Court of Appeal allows an appeal?

Answer 43

"For a conviction appeal

Question 44

What's the final court you can usually appeal to after the Court of Appeal?

Answer 44

"The Supreme Court

Question 45

Besides the usual appeals against being found guilty or the sentence, what else can the Court of Appeal (Criminal Division) look at from the Crown Court?

Answer 45

"Things like when the top law officer (Attorney-General) asks for their opinion on a point of law after someone was found not guilty

Question 46

What happens if the Attorney-General asks the Court of Appeal for their opinion on a point of law after someone was found 'not guilty'?

Answer 46

"The Court of Appeal gives their view on the law

Question 47

Who is the Attorney-General?

Answer 47

"They are like the government's top legal advisor."

Question 48

What can the Attorney-General do if they think a sentence given by the Crown Court was too lenient (not strict enough)?

Answer 48

"They can ask the Court of Appeal to look at the sentence again

Question 49

Is there a time limit for the Attorney-General to ask the Court of Appeal to review a sentence?

Answer 49

"Yes

Question 50

What's the Criminal Cases Review Commission (CCRC)?

Answer 50

"It's an independent group that looks at cases where people might have been wrongly found guilty or given the wrong sentence. If they think there's a real chance the Court of Appeal will change things

Question 51

Can the prosecution ever appeal a decision made by a judge during a Crown Court trial?

Answer 51

"Yes

Question 52

What's one important rule if the prosecution wants to appeal a 'terminatory ruling'?

Answer 52

"They have to promise the court that if they lose their appeal

Question 53

What's a 'preparatory hearing'?

Answer 53

"It's like a planning meeting in court for really long or complicated cases

Question 54

Can decisions made during a 'preparatory hearing' be appealed?

Answer 54

"Yes

Question 55

What's the Supreme Court?

Answer 55

"It's the highest court in the UK

Question 56

Can you automatically appeal to the Supreme Court after the Court of Appeal makes a decision?

Answer 56

"No

Question 57

What's one of the main reasons the Supreme Court will allow an appeal?

Answer 57

"If the case involves a really important point of law that everyone in the country needs to know about."

Question 58

How long do you usually have to ask the Court of Appeal for permission to go to the Supreme Court?

Answer 58

"Usually 28 days after the Court of Appeal gives their reasons for their decision (or 14 days in cases brought by the Attorney-General)."

Question 59

So, who can appeal to the Court of Appeal from the Crown Court?

Answer 59

"Usually the person who was found guilty or sentenced

Question 60

And who can appeal from the Court of Appeal to the Supreme Court?

Answer 60

"Both the person who was found guilty/sentenced and the prosecution