Appeals - Magistrates Decisions Flashcards
What can Mags vary or set aside?
- A conviction
- A sentence
- Any order following conviction or guilty plea
What power allows Mags to rectify their own mistakes?
S.142 Magistrates Court Act
When is a s.142 used?
Where it is in the interests of justice, typically to correct errors of law or procedure, not to re-argue the merits
Can Mgs increase a sentence under s.142?
Yes, but only exceptionally if they were misled
What are the 3 ways of challenging a Mags decision?
- Appeal to Crown Court (error of fact or mixed fact/law)
- Appeal by way of case stated to the High Court (error of law or excess of jurisdiction)
- Judicial review in the High Court (unfairness, bias , procedural irregularity)
What statute governs appeal to the Crown Court?
s.108 Magistrates Court Act
Who can appeal to the Crown Court?
Only D, not the Prosec
When can a D appeal to Crown Court?
- If pleaded guilty - against sentence only
- If pleaded guilty and convicted - against conviction and/or sentence
What is the time limit for appealing to the Crown?
15 business day from the date of sentence.
What is the nature of the Crown appeal hearing?
A full re-hearing - new evidence can be introduced.
Who hears a crown court appeal?
A crown court judge and 2 lay mags
What powers does the Crown have on appeal?
- Confirm, reverse, or vary the decision
- Remit to the mags
- pass any sentence the mags could have imposed
Can the sentence be increased on appeal?
Yes - sentence is ‘at large’ if conviction is upheld
How is bail held pending appeal?
- Apply for bail to mags
- if refused, apply to crown
- no automatic right to bail pending appeal
What statute governs appeal by case stated?
s.111 Magistrates Court Act
When is case stated appropriate?
Where there is an error of law or an excess jurisdiction
What is the time limit for case stated?
21 days from the decision (date of sentence if sentence is adjourned)
Who hears case stated appeals?
The Divisional Court of the High Court
What powers does the High Court have in case stated appeals?
- Reverse, affirm or amend the decision
- remit the case with directions
- make any other appropriate order
Can a D use both case state and Crown Court appeal routes?
No - must choose. If D appeals to Crown, case stated is not available until after the Crown Court decision
When is judicial review appropriate?
For unfairness, bias or procedural irregularity by magistrates
What is the time limit for judicial review?
Must be lodged promptly, and in any event within 3 months
Who hears applications for judicial review?
The Divisional Court of the High Court
Can judicial review challenge Crown Court decisions on appeal?
Yes, but only where there is an error of law, bias or procedural unfairness
