Appeals - Magistrates Decisions Flashcards
What is the power to rectify mistakes?
Magistrates’ court can correct errors if it is in the interests of justice
What does power to rectify mistakes apply to for Magistrates?
Convictions, sentences, or other orders
Is power to rectify mistakes an alternative to appeal?
No
When might a conviction be set aside in Magistrates’?
1) Legal adviser provided incorrect legal advice
2) D convicted in absence, later proving a valid excuse
3) Sentence exceeded statutory maximum
What should a D do if they believe Magistrates were wrong?
Appeal
What are the three main appeal routes against Magistrates?
1) Error of fact or mixed fact and law
2) Error of law or exceeding jurisdiction
3) Unfairness, bias, or procedural irregularity
What is the appeal court for error of fact or mixed fact and law?
Crown Court appeal
What is the appeal court for error of law or exceeding jurisdiction?
Appeal by way of case stated - High Court
What is the appeal court for unfairness, bias, or procedural irregularity?
Judicial review – High Court
What other court follows same structure as Magistrates for appeal?
Youth Court
Does D have automatic right to appeal? And to which Court?
Yes, the Crown Court
Can prosecution appeal?
No, but can challenge via case stated or judicial review
When must appeals be lodged?
Within 15 business days of sentence
What can a guilty plea appeal against?
Sentence
What can a non-guilty plea appeal against?
Conviction and sentence
What is it important for a D to consider if appealing sentence to Crown Court?
They can increase it
Does the Crown Court have power to vary Magistrates’ decision if the appeal is abandoned?
No
What is the appeal procedure to Crown Court?
1) Notice of appeal within 15 business days
2) Must specify conviction, summary, if mistake application was made
Can an appeal be made after the deadline?
An extension request can be submitted with reasons
What is the appeal?
A re-hearing (full retrial)
Can new evidence be introduced in appeal?
Yes
Who is an appeal heard by in Crown Court?
Crown Court judge and two magistrates
Can a D apply for bail whilst pending appeal?
Yes
Who pays costs for successful appeal?
Defence cost order granted
Who pays costs for unsuccessful appeal?
D may have to pay prosecution costs
What is an appeal by way of case stated?
For errors of law or excessive jurisdiction – either party can appeal
Which evidence is heard in appeal by way of case stated?
Only legal arguments
Can you appeal to Crown Court if appealing by case stated?
No
What is required by High Court by Magistrates for appeal by case stated?
Magistrates must state a case within 21 days from decision – if not, High Court can compel them
What is the Court of Further Appeal? What grounds?
Supreme Court – point of law of general public importance
What is judicial review?
Heard in High Court for procedural unfairness or irregularity
Who is judicial review available to?
Both D and Prosecution
When must judicial review be lodged?
Within 3 months
What are the grounds for judicial review?
- Error of law on face of record (misinterpreted a statute)
- Excess of jurisdiction
- Breach of natural justice (unfair evidence)
Can Magistrate’s Court hear appeals against conviction or sentence?
No, must be done at a higher court
What is the actual appeal hearing like at the Crown Court?
It is a re-trial, so its like the real thing all over again
What is the sentencing power of Crown Court for an appeal from the Magistrate’s Court?
They are limited to the maximum of the Magistrate’s Court
