APPEALS PROCEDURE

Question 1

Do the prosecution have any right of appeal in the magistrates court?

Answer 1

No

Question 2

Within how many days of conviction must a defendant lodge written notice of appeal with the same court?

Answer 2

21 days

Question 3

A defendant who pleaded guilty in the magistrates court can only appeal against sentence to which court?

Answer 3

The crown court

Question 4

If the defendant has their appeal heard in the crown court, can that court in increase the sentence imposed by the magistrates court?

Answer 4

Yes, but only in line with the magistrates courts maximum sentencing powers.

Question 5

For a defendant to appeal their conviction or sentence from the crown court, who must they seek leave to appeal from?

Answer 5

Either the crown court or the court of appeal.

Question 6

If a defendant seeks leave from the court of appeal, the must lodge a notice for application of leave to appeal within how many days of the decision?

Answer 6

Within 28 days

Question 7

Can the prosecution appeal a decision by the jury to acquit a defendant?

Answer 7

No, but they can appeal rulings made by the judge throughout the course of the trail.