Appeals: Magistrates' Court

Question 1

Options on appeal

Answer 1

• Reopen the case to rectify mistakes
• Crown Court: re-hearing
• High Court: case stated
• High Court: judicial review

Question 2

The power to rectify mistakes

Answer 2

Section 142 Magistrates; Court Act 1980 gives the magistrates court the power to vary a sentence or set aside a conviction if it is in the interest of justice to do so.

Narrow power, not for rearguing case. Most likely appropriate where all parties agree that a mistake was made.

Not about arguing a case decisions was wrong.

Usually defendant will make an application but the court can make an amendment on their own.

Question 3

Examples of use of power to rectify mistakes

Answer 3

• legal advisor provided magistrates with incorrect legal advice
• defendant did not attend for trial but later comes up with reasonable excuse i.e. in hospital
• most often used to lower sentence

Question 4

What if applicant feels magistrates reached the wrong decision?

Answer 4

They can:

• appeal to the crown court by way of re-hearing
• appeal to the high court by way of case stated
• appeal to the high court for judicial review

Note: most often appeal to crown court because there is an automatic right to a trial and does not require leave

Question 5

Appeals to the crown court

Answer 5

Automatic right to appeal:

• if defendant pleaded guilty: against sentence
• if defendant pleaded not guilty: against conviction or sentence

Note:
- prosecution cannot appeal via this route
- once appealed, sentence is up in the air, the crown court can only pass a sentence that the MC could have passed (but could be harsher)
- If d pleaded guilty, an appeal against sentence is the only option unless the defendant can demonstrate that their plea was equivocal

Question 6

Procedure on appeal to crown court

Answer 6

Notice of appeal must be lodged within 15 business days of sentence, irrespective of whether the appeal is against conviction or sentence.
Notice of appeal must be served on the MC and the prosecution and must specify:
- conviction, sentence, order or decision which the appellant wishes to appeal, including the court and date
- summarise the issues
- state whether the magistrates’ court has been asked to reconsider its decision (slip rule) or why this is not applicable
- List parties on whom the appeal notice has been served

Question 7

Appeal at CC

Answer 7

Appeal is by way of re-hearing. A conviction appeal will proceed in precisely the same way as the original trial, with speeches, witnesses giving live evidence, and any relevant submissions.

• parties are not limited to the evidence that was called during the trial.
• written charge is the same
• appeal will be heard by a crown court judge and two magistrates
• court can proceed with a judge and just one lay magistrate. exceptionally, the court can proceed with a judge and just one judge if otherwise delays

-appeal on sentence is essentially a redo of the original sentence hearing

Question 8

Bail pending appeal

Answer 8

Can apply for this but there is no right to bail pending appeal.

Question 9

Abandoning an appeal

Answer 9

Once an appeal has been abandoned the crown court has no power to vary the magistrates’ decisions.

To abandon appeal the appellant should give notice in writing to MC, CC and prosecution.

Failure to attend or have representation attend is treated as abandoned.

appeal will go head if representation attends.

Question 10

Crown court powers on appeal

Answer 10

It can:
- confirm, reverse or vary the decision appealed against or any part of it
- remit the matter with its opinion to the magistrates
- make any other order which the court thinks is just, so long as they exercise only the power the magistrates could have

Question 11

conviction appeal

Answer 11

In a conviction appeal the Crown Court will hear evidence and must give reasons for the verdict reached.

Reasons do not involve a formal re-examination of the magistrates decision.

Question 12

Sentence appeal

Answer 12

in a sentence appeal the magistrates sentence is not formally examined.

Appeal panel will consider whether in light of what they have heard, the sentence imposed by the magistrates was correct.

Sentence can be both increased and reduced.

Question 13

Costs

Answer 13

• successful applicant may be awarded a defence costs order. An unsuccessful appellant may be required to pay the prosecution’s costs.

Where an appeal is abandoned costs can be awarded against the appellant but in practice this usually occurs only where notice of abandonment is served within 24 hours of the appeal hearing or on the day itself.

Question 14

Appeal by way of case stated

Answer 14

• appeal to high court on basis decision made was wrong in law or in excess of jurisdiction
• questions about decisions of law or procedure which the defendant asserts were wrongly decided: “were the magistrates correct to find that the police officer was acting in the execution of duty when striking the appellant ten times?”
• not appropriate where there is a dispute about facts
• if you appeal by way of case stated from the MC you lose your right to appeal to the CC

Question 15

Application for judicial review

Answer 15

Principle grounds:
- error of law on the face of the records
- excess of jurisdiction
- breach of natural justice

Application made promptly and within three months

For procedural errors - errors of law should be by way of case stated