Appeals Flashcards
MC Slip Rule
s. 142 MCA - allows mags to vary/rescind sentence or set aside conviction when in the interests of justice to do so
- > Most commonly used where all parties agree there was a mistake
Methods of appeal from MC:
- ) appeal to CC
- ) appeal to HC by way of case stated
- ) application to HC for Judicial Review
Which appeal route?
R v Hereford:
a) Where D complains that mags made an error of fact or mixed fact and law, should appeal to CC
b) Where D complains that mags made an error of law or acted in excess of their jurisdiction, D should appeal by way of case stated
c) Where D alleges unfairness, procedural illegality, bias D should apply for judical review
D’s right of appeal to CC
s.108 MCA:
D has an automatic right of appeal to CC
A person convicted by mags may:
- Appeal against sentence if D pleaded guilty or
- D pleaded NG and was found guilty, may appeal against conviction or sentence
This route of appeal is NOT available to P
Procedure on appeal to CC
- Notice of appeal must be lodged within 21 days of the sentence
- Must be served on mags and P
- If notice is served outside 21 day period, must be accompanied by an application for extension of time with reasons for delay
Abandoning appeal:
Appellant may abandon at any time but should give notice to mags,CC and P
Once the hearing has started - permission is required from CC to abandon
CC powers on appeal from mags:
It can:
- Confirm, reverse or vary a decision
- Remit the matter with its opinion to the mags
- Make any other order which the court thinks is just so long as they ONLY exercise the power the mags have
Appeal by way of case stated:
Appeal to HC on basis decision was wrong in law or jurisdiction
Must apply not more that 21 days after the decision that wants appealing
D applies to MC to “state case” for the opinion of HC
Appeal route open to both P + D
Mags can refuse to state case if it is considered vexatious
Appealing this way loses right to appeal to CC but vice versa is not true
Appeals by way of Judicial Review:
Principal grounds:
- Error of law on face of records
- Excess of jurisdiction
- Breach of natural justice
An application must be made promptly and no more than 3 months after ground arose
Available to both P + D
Judicial review v case stated?
R(P) v Liverpool City Magistrates:
- Normal route where alleged error of law is case stated
- It would be wrong to seek JR where case stated was appropriate merely to avoid more stringent time limit
- JR is more appropriate where there is an issue of fact to be raised and decided
- JR may also be appropriate where it is alleged there has been unfairness of bias
CC power to rectify mistake:
s. 155(1) PCC(S)A:
Judge may vary/rescind a sentence within 56 days of it being made
Appeals to the CoA:
Leave is required by a single judge that appeal is arguable on merits in order for it to proceed to a hearing
If leave is refused, party may renew an application for leave orally before the relevant period - must be done within 14 days and will be heard orally before 2/3 judges
Notice of appeal must be served on registrar within 28 days of conviction/sentence
Leave to appeal:
Single judge will consider the merits of the application usually on the papers alone and will either:
-Grant the application wholly or in part
-Refuse the application
-Refer it to the full court, without granting leave
(usually done when unlawful sentence must be amended, novel point of law or expedition is required)
Appealing a guilty plea:
D can appeal to CoA a plea of guilty, commonly done when a legal ruling is made that left no option but to plead guilty
CoA Skeleton Arguments:
-Skeletons must be served when appeal notice doesn’t sufficiently otuline the grounds
If required must be served:
- Appellant: 21 days prior to hearing
- Respondent: 14 days prior to hearing
