Appeals from Magistrates Court

Question 1

Appeals to CC

• route is only available to the _____.
• D has an ______ right to appeal so _____________ is ____ needed
• if D pleads _____ at the MC they can only appeal against the ________
• if D pleads _____ they can appeal against the _____ and/or the _______
• at the CC the case is ______ by a ______ and _____________
• can ______, ________ or _________ the conviction

Answer 1

Route is only available to the defence.

D has an automatic right to appeal so leave to appeal is not needed.

If D pleads guilty at the MC they can only appeal against the sentence.

If D pleads not guilty they can appeal against the conviction and/or the sentence.

At the CC the case is reheard by a judge and two magistrates.

Can confirm , reverse or vary the conviction.

Question 2

Appeal to Administrative Court (QBD)

• route is available to both _______ & ________
• approx ______ case ______ appeasl a year heard by _______ from the QBD
• Appeal can be made direct from the _____ or _____
• the appeal is only against _____ (defence) or _______ (prosecution) on a ______ (problem with the law)

Answer 2

Route is available to both defence & prosecution

Approx 100 case stated appeals a year heard by 2 High Court Judges from the QBD

Appeal can be made direct from the MC or CC

The appeal is only against conviction (defence) or acquittal (prosecution) on a point of law (problem with the law)

Question 3

Appeals to Supreme Court

• route is available to both _______ & ________
• can only appeal if it involves a _____ of ____________
• leave to _______ is needed from either ____ or _____

Answer 3

Route is available to both defence & prosecution

Can only appeal if it involves a point of law of general public importance

Leave to appeal is needed fro either QBD or Supreme Court