Appeals from the mag court Flashcards
If a D has pleaded not guilty what can he appeal?
Conviction or sentence
In crown court who will hear an appeal from the mag?
A judge and 2 lay magistrates will re hear any old or new evidence.
Where will a not guilty appeal from mag be heard and what can happen?
Confirm or vary the conviction / sentence or find D guilty of lower offence.
What can a Defendant appeal if he pleaded guilty?
Only his sentence.
Where will a guilty appeal from mag be held and what are the possible results?
Crown court and confirm, increase (to mag max) / decrease sentence.
What is the second level in an appeal from the mag?
Case Stated Appeals
Where do Case Stated Appeals come from?
Direct from mag or from an appeal in crown.
When is the Case Stated appeals route used?
When D or P claim mag made mistake about the law.
Who hears Case Stated Appeals?
2 high court judges from KBD
What happens in Case Stated Appeals?
Mag’es asked to state case by explaining their own findings of the facts and decision. Appeal is argued on the law of those facts - no witnesses.
What are the results of Case Stated Appeals?
May confirm , vary or reverse decision. May send mag back to implement the decision on the law.
How many Case Stated Appeals are their in a year?
Fewer than 100.
What is the third level of appeals from the mag and how do you get there?
Appeals to the Supreme Court and must be on a point of public importance. ( An important law that affects whole public )
What is leave to appeal and when is it used?
Permission to appeal and used by Supreme Court and KBD
