Appeals - magistrates

Question 1

What would be the first option when a defendant is unhappy with a decision of the magistrates?

Answer 1

Magistrates power to vary sentence or set aside conviction if in the interests of justice

Question 2

When should the power to vary sentence/set aside judgement be used?

Answer 2

Mistake in law or procedure

Question 3

What should a defendant do if they feel the magistrates have reached a wrong decision on the substantive meritsm of the case?

Answer 3

Appeal

Question 4

What are the defendant’s appeal options?

Answer 4

• Crown Court for rehearing
• High Court for case stated
• High Court for judicial review

Question 5

What circumstances would a defendant appeal to the crown court for a rehearing?

Answer 5

Error of fact / mixed fact and law

Question 6

What circumstances would a defendant appeal to the high court for case stated?

Answer 6

Error of law / excess of jurisdiction

Question 7

What circumstances would a defendant appeal to the high court for judicial review?

Answer 7

unfairness, bias, procedural irregularity

Question 8

Does the right to appeal to the crown court require leave?

Answer 8

No

Question 9

What may the defendant appeal to the crown court against?

Answer 9

• if pleaded guilty against sentence
• if pleaded not guilty and found guilty against conviction or sentence

Question 10

Can the prosecution appeal to the crown court?

Answer 10

no

Question 11

What is the time limit for serving a notice of appeal to the crown court?

Answer 11

15 business days

Question 12

What must happen if a defendant wishes to appeal to the crown court and has missed the deadline to serve notice?

Answer 12

serve notice with application to extend time

Question 13

What powers does the crown court have on appeal?

Answer 13

• Confirm, reverse or vary decision/any part of it
• Remit matter with its opinion to magistrates
• Any other order which court thinks just which magistrates could have

Question 14

What are the costs consequences involved in appeals to the crown court?

Answer 14

Successful = may get defence costs order
Unsuccessful = may be ordered to pay prosecution’s costs

Question 15

What form does a statement of case take?

Answer 15

question about decisions of law/procedure which defendant asserts were wrongly decided

Question 16

Is appeal by way of case stated appropriate for disputes of fact?

Answer 16

No

Question 17

When can the appeal by way of case stated be used?

Answer 17

After final determination of proceedings in magistrates court

Question 18

What is the deadline for an appeal by way of case stated?

Answer 18

21 days from date of decision appealed except where sentence adjourned following conviction

Question 19

What is the consequence of appealing by way of case stated?

Answer 19

Lose right to appeal to crown court

Question 20

What is the next appeal court after an appeal by way of case stated?

Answer 20

Supreme court

Question 21

What are the principal grounds for judicial review of a magistrates decision?

Answer 21

• Error of law on the face of the records
• Excess of jurisdiction
• Breach of natural justice

Question 22

What is the time frame for an application for judicial review of a magistrates decision?

Answer 22

promptly and within 3 months after grounds arose