Appeals from the Mags Flashcards
1
Q
The mags may vary/recind a sentence, or set-aside a conviction if…
A
It is in the interests of justice.
2
Q
An appeals bench in the CC will be made up of
A
CJ/recorder + 2-4 lay justices.
3
Q
Procedure for the slip rule
A
- Application in writing
- Served on all parties
- Explaining why decision should be varied.
- Proposed variation.
4
Q
An appeal notice to the CC should contain:
A
- The decision
- A summary of issues
- witness to be called
- Estimate of appeal time
5
Q
On appeal the CC’s powers are
A
- Dismiss
- Quash
- Vary UP OR DOWN
6
Q
An appeal by way of case stated can be made against
A
An error of law or jurisdiction
7
Q
The HC by way of case stated can…
A
- Acquit
- Remit with direction
- Convict
8
Q
A judicial review can be sought
A
For an error of law, jurisdiction, or natural justice.
9
Q
The right to appeal by judicial review is set out in…
A
Part 54
10
Q
When is permission required to appeal to the HC
A
Judicial review only.
