Appeals - Magistrates Decisions

Question 1

What is the power to rectify mistakes?

Answer 1

Magistrates’ court can correct errors if it is in the interests of justice

Question 2

What does power to rectify mistakes apply to for Magistrates?

Answer 2

Convictions, sentences, or other orders

Question 3

Is power to rectify mistakes an alternative to appeal?

Answer 3

No

Question 4

When might a conviction be set aside in Magistrates’?

Answer 4

1) Legal adviser provided incorrect legal advice
2) D convicted in absence, later proving a valid excuse
3) Sentence exceeded statutory maximum

Question 5

What should a D do if they believe Magistrates were wrong?

Answer 5

Appeal

Question 6

What are the three main appeal routes against Magistrates?

Answer 6

1) Error of fact or mixed fact and law
2) Error of law or exceeding jurisdiction
3) Unfairness, bias, or procedural irregularity

Question 7

What is the appeal court for error of fact or mixed fact and law?

Answer 7

Crown Court appeal

Question 8

What is the appeal court for error of law or exceeding jurisdiction?

Answer 8

Appeal by way of case stated - High Court

Question 9

What is the appeal court for unfairness, bias, or procedural irregularity?

Answer 9

Judicial review – High Court

Question 10

What other court follows same structure as Magistrates for appeal?

Answer 10

Youth Court

Question 11

Does D have automatic right to appeal? And to which Court?

Answer 11

Yes, the Crown Court

Question 12

Can prosecution appeal?

Answer 12

No, but can challenge via case stated or judicial review

Question 13

When must appeals be lodged?

Answer 13

Within 15 business days of sentence

Question 14

What can a guilty plea appeal against?

Answer 14

Sentence

Question 15

What can a non-guilty plea appeal against?

Answer 15

Conviction and sentence

Question 16

What is it important for a D to consider if appealing sentence to Crown Court?

Answer 16

They can increase it

Question 17

Does the Crown Court have power to vary Magistrates’ decision if the appeal is abandoned?

Answer 17

No

Question 18

What is the appeal procedure to Crown Court?

Answer 18

1) Notice of appeal within 15 business days
2) Must specify conviction, summary, if mistake application was made

Question 19

Can an appeal be made after the deadline?

Answer 19

An extension request can be submitted with reasons

Question 20

What is the appeal from Magistrates to Crown?

Answer 20

A re-hearing (full retrial)

Question 21

Can new evidence be introduced in appeal?

Answer 21

Yes

Question 22

Who is an appeal heard by in Crown Court?

Answer 22

Crown Court judge and two magistrates

Question 23

Can a D apply for bail whilst pending appeal?

Answer 23

Yes

Question 24

Who pays costs for successful appeal?

Answer 24

Defence cost order granted

Question 25

Who pays costs for unsuccessful appeal?

Answer 25

D may have to pay prosecution costs

Question 26

What is an appeal by way of case stated?

Answer 26

For errors of law or excessive jurisdiction – either party can appeal

Question 27

Which evidence is heard in appeal by way of case stated?

Answer 27

Only legal arguments

Question 28

Can you appeal to Crown Court if appealing by case stated?

Answer 28

No

Question 29

What is required by High Court by Magistrates for appeal by case stated?

Answer 29

Magistrates must state a case within 21 days from decision – if not, High Court can compel them

Question 30

What is the Court of Further Appeal? What grounds?

Answer 30

Supreme Court – point of law of general public importance

Question 31

What is judicial review?

Answer 31

Heard in High Court for procedural unfairness or irregularity

Question 32

Who is judicial review available to?

Answer 32

Both D and Prosecution

Question 33

When must judicial review be lodged?

Answer 33

Within 3 months

Question 34

What are the grounds for judicial review?

Answer 34

- Error of law on face of record (misinterpreted a statute) - Excess of jurisdiction - Breach of natural justice (unfair evidence)

Question 35

Can Magistrate's Court hear appeals against conviction or sentence?

Answer 35

No, must be done at a higher court

Question 36

What is the actual appeal hearing like at the Crown Court?

Answer 36

It is a re-trial, so its like the real thing all over again

Question 37

What is the sentencing power of Crown Court for an appeal from the Magistrate's Court?

Answer 37

They are limited to the maximum of the Magistrate's Court