Appeals form the Magistrate's Court

Question 1

How many appeal routes are there?

Answer 1

2 - To the Crown Court or to the QBD (High Court)

The appeal must be made within 28 days of conviction.

Question 2

Who can only make appeals to the Crown Court?

Answer 2

Only available to defence
Right = automatic
Leave doesn’t t need to be given

Question 3

When appealing to the Crown court, what can the D appeal against?

Answer 3

If pleaded G, only appeal against sentence

If pleaded NG, can appeal against their sentence and/or conviction

Question 4

Who hears an appeal made to the Crown Ct?

Answer 4

Case is completely reheard (retrial)

Judge + 2 magistrates

Question 5

Who are case stated appeals usually heard by? (What Ct)

Answer 5

The QBD (Divisional court)

Question 6

Who can make appeals to the QBD?

Answer 6

Used by both prosecution (against acquittal) + defence (against conviction)
The challenge = against Mag misapplying law
Cannot be used to challenge sentence

Question 7

Where can an appeal to the QBD be made from? (2)

Answer 7

1. Direct from Mag Ct

2. Follow an appeal form Crown Ct

Question 8

What is questioned in case stated appeals?

Answer 8

Question points of law only

Based on mistake being made in application of law

Question 9

What can the Ct do to a sentence in case stated appeals?

Answer 9

Usually heard by 2/3 High Ct judges
May uphold, vary/ reverse the decision
If = against acquittal, may send back to Mags to implement correct legal decision

Question 10

Can appeals that are made to the QBD challenge a sentence?

Answer 10

No

Question 11

Is it possible to make a further appeal from the QBD?

Answer 11

Yes
Further appeal can be made to Supreme Ct
Such appeal made if:
a) Divisional Ct certifies point of law = matter of public importance
b) Divisional/ Supreme Ct due to fact point of law should be considered by Supreme Ct

Question 12

What is the ‘normal’ route of appeals?

Answer 12

To the Crown Ct

Question 13

Is the right to make an appeal to the crown court automatic?

Answer 13

Yes

No leave has to be given

Question 14

Are any witnessed called to case stated appeals?

Answer 14

No

Heard by 2/3 High cts judges

Question 15

When can the QBD give leave for an appeal to be made to the Supreme Ct? (2)

Answer 15

a) If point of law in question = should be considered by the supreme Ct
b) If divisional Ct certifies that = matter of public importance

Question 16

What issue was raised in C v DPP (1994)?

Answer 16

Children having criminal responsibility

Question 17

What was held in C v DPP (1994) by the Supreme Ct?

Answer 17

Shouldn’t be presumed that children 10-14 knew the difference between right and wrong
therefore, criminal acts won’t always result in prosecution
QBD wanted to change this
Supreme Ct: bound by precedent, didn’t have liberty to change the law

Question 18

Give an example of when a case was referred to the Supreme Ct from the QBD?

Answer 18

C v DPP (1994)

Question 19

What is ‘leave’?

Answer 19

Permission to appeal from a CA judge

Question 20

What can the Crown Ct do to an appeal against a conviction/ sentence?

Answer 20

Can either uphold/ reverse the decision
Can vary the decision in spam cases
e.g find D G of lesser offence
Is appeal = against sentence, in/decrease it
CANNOT INCREASE beyond the max powers of Mag Ct

Question 21

What act was the Magistrates Court Act 1980 amended by?

Answer 21

Criminal appeals Act 1995

Question 22

What does s142 of the Criminal Appeals Act 1995 state?

Answer 22

The Magistrates Court can rectify an error where it would be in the interests of justice to do so

Question 23

Where are the rules on leave contained?

Answer 23

Criminal Appeals Act 1995

Question 24

What are the rules on leave under the Criminal Appeals Act 1995? (2)

Answer 24

a) Shall allow an appeal against conviction if they think that the conviction = unsafe
AND
b) Shall dismiss an appeal in any other case

Question 25

What is the time limit on making appeals to the Crown Court?

Answer 25

Appeal must be made within 28 days of conviction

Question 26

What form does an appeal to the Crown Ct take?

Answer 26

Re-hearing

Judge + 2 Mag