Appeals from magistrates

Question 1

Defence appeals to the crown court

Answer 1

Defendant may appeal against conviction, sentence or nigh to the crown court if the original plea was not guilty.

Defendant may only appeal against sentence if original plea was guilty

Automatic right of appeal

Reheard by judge and 2 magistrates

Confirm, reverse decision and acquit or find the defendant guilty of a lesser offence

Sentence increased to magistrates maximum or decreased

12,000-50% have success

Question 2

Defence appeals by way of case states to QBD court against the conviction on a point of law

Answer 2

Facts given- case not reheard in full
Straight from magistrates or following appeal to crown court
Only for appeal against conviction
Confirm, vary or reverse decision or send to magistrates back for them to apply the interpretation of law
100 a year - CPP (1996)

Question 3

Prosecution appeal to the QBD to against acquittal on a point of law only

Answer 3

Case stated appeal

Quash, confirm or send back for rehearing to magistrates court

Question 4

Further appeal to the Supreme Court

Answer 4

Appeal by both P AND D for a point of law of general public importance
Permission must be granted by Supreme Court or QBD