Appeals Mags Flashcards
Intro
Having an appeals process is of fundamental importance in the legal system. It ensures errors can be corrected and miscarriages dealt with. So the appeals process is vital for D’s article 5 (freedom) and article 6 rights (fair trial) particularly for the Mags as most offences are tried here summary and triable either way offences such as assault, battery (include what ever offences are in your scenario)
What are the main kinds of appeal and who can access which
- There are two main kinds of appeal both options are open to D showing their rights are given precedence over the state and the prosecution only have one as their rights are limited
- Conviction and or sentence appeals available only to the defence from mags to crown court
- Cases stated appeals available to both D and P from Mags to QB divisional court
What is sentence/conviction appeal (defence only)
- From Mags to Crown against a sentence (that is to harsh) or conviction (asserting their innocence) but if D pleaded guilty they can only appeal their sentence as they have admitted their guilt
- Automatic right of appeal under s.108 Mags court act and the application must be made in 21 days after the conviction
- Court hears the case fresh before a Crown court judge and 2-4 lay magistrates each vote had the same weight but judge will have casting vote if votes are evenly divided
- s.48 Senior courts act allows court to confirm verdict or defence or substitute its own decision it can impose any sentence the Mags could have (6 months and unlimited fine s.85 LASPO) and could increase or reduce original sentence
- THIS DECISION IS FINAL
When can the CCRC get involved in the mags appeal process
- When the original appeal process has been used and failed where there is a real possibility the sentence/conviction could be altered
- As per s.11 criminal appeal act
What is appeal by way of the accused (prosecution and defence)
- From Mags to QBD this route is rarely used but is open to the P against an acquittal or the D against a conviction under s.111 MCA 21 days after outcome of the case
- While rare it means that the lower court have been asked to state the case for consideration of the QBD (written account of the case facts) this is done because either P or D think they have got the law wrong
How does the QBD judge an appeal by way of case stated
- The QBD assess the actions of the lower court to determine everything was in accordance with the law as either P or D think the outcome was wrong
- For example in Evans the phrase weighing up had been used suggesting the civil proof standard had been used
- 2-3 judges will hear the case depending on the point of law in the QBD no witnesses used
- s.28 Senior courts act provides the court can confirm reverse or vary decision give their opinions on the law or make other orders like a re hearing
Appeal to the Supreme Court
- Appeal to the SC is possible but only if the QBD asserts that the point of law is of general public importance and either the SC or QBD grants leave to appeal s.1 administration of justice act
- E.g. C v DPP concerning Doli incapx was appealed up to the then HL(Now SC) the QBD felt the principle should change the HL thought parliament should do it and they did in s.34 Crime and disorder act 1998
Summary of sentence/conviction appeals (crown court)
- Automatic right of appeal to the defence
- If D pleaded guilty they can only appeal against the sentence
- If D didn’t plead guilty appeal can be against conviction and or sentence
Appeals on a point of law summary (QBD)
- Appeals on a point of law by P or D
- Case stated appeal lower courts asked to state their case by outlining findings of facts and decisions to check for irregularities
- An appeal by D against conviction or by P against acquittal (NOT USED FOR SENTENCE)
Supreme Court appeals from QBD summary
- Only if:
- Divisional court confirms that a point of law of general public importance is involved and…
- P or D given leave to appeal by SC or QBD
