Appeals Flashcards
Appeal from Magistrates Court to Crown Court
Structure of explanation to a client:
- Automatic right: does not require leave
- State what the basis of the appeal is (e.g., appeal against sentence being too high)
- Outline Sentencing Guidelines
- Procedure: notice of appeal is lodged with the magistrates’ court within 15 business days of the sentence (not conviction)
- Heard by a Crown Court judge and two magistrates (not involved in initial hearing)
- The hearing: appeal is by way of re-hearing. This means same procedure as in magistrates’ court is followed. The parties can bring new evidence (in case of conviction).
- Bail: no automatic right to bail, but can apply to magistrates, and if refused, to crown court for bail
- Powers on appeal
Matters for a defendant to consider:
- Risk that sentence could be increased
- Costs if unsuccessful
Re-hearing for conviction (trial) vs sentence (hearing)?
Conviction
- Proceeds in same way as original trial
- Can bring new evidence
- Appeal heard by Crown Court Judge and two lay magistrates
- Must give reasons for verdict
Sentence
- Proceeds in same way as original hearing
- Sentence is at large
- CC considers if the MC sentence was correct - appropriateness
What are the Crown Court’s powers on appeal from magistrates?
Confirm, reverse or vary the decision
Can impose any sentence the magistrates could have imposed.
- The sentence is ‘at large’: this means the sentence can stay the same, be reduced or be increased
- The Crown Court sentence cannot exceed the powers of magistrates
- The Crown Court assesses the appropriateness of the magistrates’ sentence: whether the sentence was correct
What are the costs of an appeal?
- Successful applicant may be ordered a defence costs order
- Unsuccessful applicant may be ordered to pay prosecution’s costs
Appeal from Magistrates’ Court to the High Court by way of case stated
This appeal focuses on whether the lower court’s decision was wrong or in excess of jurisdiction
- The court must agree to state the case
- Either party (P / D) can apply. Can only be used after final determination of proceedings in Magistrates Court
- Court comprises of at least two judges
- No evidence is heard - it is based on legal submissions by parties
- Deadline is 21 days from the date of the decision sought to be appealed
- Bail can be granted
- If appeal by way of case stated, lose the right to appeal to the Crown Court
- If appeal to Crown Court and CC upholds decision of MC - can then appeal by way of case stated from the CC
- Powers: reverse, affirm, amend the magistrates’ court’s decision
Appeal from the Crown Court to the Court of Appeal
There is NO automatic right of appeal to the Court of Appeal
- There must be grounds
- Leave is required
Leave required:
Appellants need to convince a single judge that their appeal is arguable on the merits
- This is usually on the papers alone
If successful it then proceeds to an oral hearing:
- 2 judges (sentence)
- 3 judges (conviction)
Grounds:
- Conviction is unsafe
- Sentence is manifestly excessive
Time limit for lodging grounds:
Notice of Appeal (Form NG) is served on Court of Appeal
- 28 days from conviction/sentence *depending on what is being appealed
- Counsel advises on appeal
Renewal of leave from Crown Court to Court of Appeal
Appeals to Court of Appeal –> need leave
If leave is refused by the single judge or only granted on some of the grounds, the appellant can renew the application for leave to appeal
- Must serve form on Court of Appeal within 10 BD of notification of single judge’s decision
Summary of chronology to appeal from Crown Court to Court of Appeal
- Notice of appeal is sent to the Court of Appeal within 28 days of conviction or sentence (whichever is being appealed)
- On receipt, the Registrar will either:
a) sent to Single Judge (to decide on the papers); or
b) refer directly to full CoA
- If leave is refused, the appellant has 10 business days from notice to apply to renew the application for leave - If leave is granted, the matter is listed for appeal before:
- 2 judges - sentence
- 3 judges - conviction
What happens if leave is granted for appeal to Court of Appeal and what at the court’s powers?
If leave is granted, the court considers the merits of the appeal
- Conviction: consider if the conviction is unsafe?
- Sentence: consider if the defendant should have been sentenced differently?
Powers on appeal for conviction:
- quash
- order appellant to be retried (IoJ)
- substitute verdict for an alternative offence
Powers on appeal for sentence:
- quash
- pass a sentence they consider appropriate, but which the court below had the power to pass
What is a loss of time order?
Court of Appeal can direct some or all of the time spent in prison between lodging the appeal and the date of its dismissal, does not count towards the appellant’s sentence
- Imposed if the application is wholly without merit
Court of Appeal power to quash sentence or conviction
This means the CofA has the power to officially reject or overturn the decision of the lower court
