Appeals from the Magistrates Court

Question 1

appeals of magistrates court decisions - summary

Answer 1

1) magistrates court can rectify its own mistakes = slip rule

2) D can appeal their decision from MC via 3 ways:

1- Appeal to the Crown Court for re-hearing = if D complains there was an error of fact or law

2- Appeal to High Court by way of Case Stated = if D complains there was an error of law or MC acted in excess of jurisdiction

3- Appeal to the High Court for Judicial Review = if D alleges unfairness, bias, or procedural irregularity

Question 2

Slip Rule - power of MC to rectify its own mistakes

Answer 2

• slip rule = MC can vary sentences or set aside a conviction or sentence IF IT IS IN THE INTERESTS OF JUSTICE to rectify a mistake in law or procedure
• this is not an appeal - D cannot re-argue their case
• D can apply or the court can amend on its own
• the same magistrates who convicted D usually hears applications
• if conviction set aside, case is re-tried by a different bench

Convictions can be set aside when =

• legal advisor provided MC with incorrect legal advice
• D did not attend trial and were found guilty in their absence but has medical evidence of A&E on day of trial (it is in the interests of justice to set aside)

A sentence may be changed when = in excess of the statutory maximum was given

Question 3

when can D appeal to CC for re-hearing?

Answer 3

D has an automatic right to appeal on a matter of fact or fact and law - does not require leave - if:

1. D pleaded guilty –> D can appeal against sentence only (unless D can show plea was equivocal)
2. D pleaded not guilty and was found guilty at trial –> D can appeal against conviction or sentence

Prosecution cannot appeal to CC - it can only appeal to High Court

Question 4

appeals to CC for re-hearing - procedure

Answer 4

1. D must lodge NOTICE of appeal within 15 BUSINESS DAYS of sentence and serve it on MC AND P
2. hearing =

• appeal is heard by 1 Crown Court judge and 2 Lay Magistrates (exceptionally 1 lay mag if delay)
• conviction appeal = re-hearing following same process as trial - CC will consider the submissions, evidence, and witnesses and reach a decision (but not an examination of MC decision)
• sentence appeal = MC decision not formally re-examined, CC will assess what the appropriate sentence is based on the sentencing guidelines and decide if MC’s sentence was correct.
• parties can introduce new evidence not introduced at trial

Question 5

who pays costs of an appeal to CC?

Answer 5

successful applicant may be awarded defence costs order but unsuccessful applicant may be required to pay P costs

Question 6

can the appellant have bail pending appeal to CC?

Answer 6

Bail pending appeal can be applied for in MC and if MC refuses, apply to CC - there is NO RIGHT TO BAIL so court has discretion

Question 7

appeals to CC for re-hearing - what are the powers of CC?

Answer 7

CC can:

• confirm, reverse, or vary the decision or any part of it
• remit the matter with its opinion to the MC
• make any other order it thinks just

BUT CC cannot pass a sentence in excess of the MC’s sentencing powers

For sentence AND conviction appeals, the CC can increase or reduce sentence but must remain in MC powers (sentence ‘at large’)

Question 8

Appeal by way of Case Stated - to where is it made, by who, and on what basis?

Answer 8

• basis = decision was wrong in law or in excess of jurisdiction (no facts are in dispute)
• D and P can appeal
• appeal made to KBD of High Court

Question 9

procedure for appeal by way of Case Stated (6)

Answer 9

1. MC permission is required to appeal to HC = deadline to apply is 21 DAYS from the date of decision being appealed
2. Application will take the form of a question about decisions of law or procedure that D asserts were wrong + parties will agree on the final form of the case stated
3. case becomes a CIVIL MATTER after MC ‘states’ it
4. Bail pending appeal can be granted by MC, or if refused, by HC
5. Case will be heard by KBD of HC w/ at least 2 judges = no evidence is heard; it is only based on legal submissions of parties
6. powers of High Court = reverse, affirm, or amend MC decision + remit case with an opinion + any other order

Question 10

can you appeal to the KBD for case stated AND to the CC for a rehearing?

Answer 10

• if you appeal MC decision to CC via re-hearing, you can then appeal by way of case stated from the CC
• D loses his right to appeal to CC for re-hearing if D applies to HC via case stated