Appeals 6/13

Question 1

Appeals from Mags court to Crown

Answer 1

• D only
• If D pleads not guilty in Mags, can appeal to crown on conviction or sentence. Case retried with judge + 2 mags. Reverse, confirm, vary decision
• If D pleads guilty in mags, can only appeal on sentence. Judge + 2 mags. Reverse, confirm, vary
• Sentence can be increased but only to Mags limit, or can be confirmed or decreased.

Question 2

Appeals from Mags to Administrative Court

Answer 2

• For if P/D think mags made a mistake, heard by 2 high court judges from QBD
• Magistrates asked to state their case (explain their decision)
• Appeal is argued on what law is behind the facts, no witnesses called.

Question 3

Appeals from mags to SC

Answer 3

• AFTER QBD
• Must be on the grounds of a point of law of general public importance
• Need leave to appeal granted by SC/QBD

Question 4

Appeals from Crown to COA (D)

Answer 4

• Can appeal against conviction (unsafe) or sentence (unduly harsh)
• Need leave to appeal from trial judge or COA
• Can admit new evidence if provide good ground for an appeal
• Can quash, vary, dismiss the appeal, can order retrial with new jury
• Sentence can be decreased or kept same

Question 5

Appeals from Crown to COA (P)

Answer 5

• Can appeal against trial judge’s ruling if they made an error of law or if there was jury nobbling or if new evidence surfaces and it’s in the public’s interests for retrial.
• P can ask the Attorney General to seek leave from COA to consider unduly lenient sentence under S.36 Criminal Justice Act.

Question 6

Appeals from Crown to SC

Answer 6

• After COA
• COA must certify appeal involves point of law of general public importance. Need leave to appeal from COA/SC
• Happens for very few cases