Appeals from Trials at the Magistrates’ Court

Question 1

If an appeal from the Magistrates’ is against sentence or conviction which court would this appeal be heard in?

Answer 1

Crown Court

Question 2

If an appeal from the Magistrates’ is held at the Crown court what must the appeal be against?

Answer 2

sentence or conviction

Question 3

Who must appeal from the Magistrates’ to the Crown court against sentence or conviction?

Answer 3

the Defence

Question 4

If an appeal is held at the Crown court against sentence or conviction can this then be appealed again?

Answer 4

No the Crown Courts decision is final unless “by way of case stated”

Question 5

If there is an appeal from the Magistrates’ by “way of case stated” which court will this go to?

Answer 5

Divisional Court

Question 6

If an appeal goes from the Magistrates’ to the Divisional Court what must the appeal be?

Answer 6

“by way of case stated”

Question 7

Who must submit an appeal from the Magistrates’ by “way of case stated” to the Divisional Court?

Answer 7

Either the Prosecution or Defence

Question 8

Can there be a re appeal after the Divisional Court?

Answer 8

Only on a Point of Law of General Public Importance to the Supreme Court