APPEALS PROCEDURE

Question 1

APPEAL FROM THE MAGISTRATES’COURT TO THE CROWN COURT
Defendant Has Right to Appeal

Answer 1

A defendant who has been convicted at trial may appeal to
the Crown Court against either conviction or sentence. A
defendant who has pleaded guilty may appeal to the Crown Court only against sentence. The prosecution have no right
of appeal in the Magistrates’ Court.

Question 2

APPEAL FROM THE MAGISTRATES’COURT TO THE CROWN COURT
Procedure for Appealing

Answer 2

1. The defendant must lodge a written notice of appeal with the convicting/sentencing court within 15 business days.
2. There is no requirement to set out the basis of appeal as the court has no power to decline jurisdiction.

Question 3

4

APPEAL FROM THE MAGISTRATES’COURT TO THE CROWN COURT
Proceedings in the Crown Court

Answer 3

1. The matter is heard by a Crown Court judge supported by at least two, and no more than four, magistrates.
2. It constitutes a complete rehearing, which means new evidence can be called.
3. The Crown Court has the power to increase as well as reduce the sentence imposed, although they are restricted to the sentencing powers of the Magistrates’ Court.
4. The Court can also impose a costs order on the defendant should the appeal be unsuccessful.

Question 4

4

APPEAL FROM THE MAGISTRATES’
COURTTO THE DIVISIONAL COURT (HIGH COURT) BYWAY OF CASE STATED

Answer 4

1. Both the prosecution and the defendant may appeal from
   the Magistrates’ Court to the Divisional Court (High Court)
   by way of case stated.
2. The appeal must be on the ground that the decision is wrong in law or in excess of jurisdiction.
3. The application must be made in writing within 21 days of the decision that is appealed to the convicting/sentencing Magistrates’ Court, and it must include the point of law subject to the appeal. 4. The appeal is heard by three judges, and** only legal arguments** will be made; there will be no rehearing of evidence.
4. Common arguments raised in appeals by way of case stated include that the bench misunderstood or misapplied the law, made errors on the admissibility of evidence, or heard a case outside their jurisdiction.

Question 5

5

APPEALS FROM THE CROWN COURT

Answer 5

1. A defendant can appeal from the Crown Court against
   conviction and sentence to the Court of Appeal.
2. The defen-dant must obtain leave to appeal as a first step.
3. This can be granted either by the trial judge or the Court of Appeal itself.
4. If a defendant seeks leave from the Court of Appeal, they must lodge a notice for application of leave to appeal** within 28 days** of the decision with the convicting/sentencing court.
5. The Crown Court will then send the appeal to the Court of Appeal, where a single judge will decide whether leave to appeal should be granted.
6. If refused, the defendant can
   renew the application to the full court.

Question 6

3

APPEALS FROM THE CROWN COURT
Appeals Against Conviction

Answer 6

1. A defendant can appeal a conviction only on the ground that it is** ‘unsafe’**.
2. A conviction may be unsafe if, for example, evidence was wrongly admitted or excluded, a direction
   was wrongly given or omitted, the conduct of the trial judge demonstrated obvious bias, there was wrongful exercise of discretion,there were errors in summing up, or there were problems relating to the jury.
3. When hearing the appeal, the
   Court of Appeal can quash the conviction and order either acquittal or a retrial, find the defendant guilty of some offences but not others, find the defendant guilty of alternative offences, or dismiss the appeal.

Question 7

4

APPEALS FROM THE CROWN COURT
Appeals Against Sentence

Answer 7

1. An appeal against sentence can be made on the basis that the sentence was** wrong in law, wrong in principle, or manifestly excessive**.
2. The Court of Appeal can quash any sentence imposed by the Crown Court and impose any sentence it deems appropriate.
3. **However, it cannot exceed the sentence imposed by the Crown Court. **
4. Any new sentence imposed by the Court of Appeal will be deemed to have been imposed at the original sentencing date, which means any further time spent in custody pending appeal will be
   taken into consideration.

Question 8

3

APPEALS FROM THE CROWN COURT
Prosecution Appeals

Answer 8

1. The prosecution cannot appeal a decision by the jury to acquit a defendant, but it can appeal rulings made by the judge during the course of the trial.
2. For example, the prosecution could appeal a judge’s decision that there is no case to answer ordecisions regarding the admission or exclusion of evidence, such as a refusal to admit a confession or identifcation evidence.
3. The Attorney General may also refer a case to the Court of Appeal if they feel a sentence passed was unduly lenient and permission is granted by the Court of Appeal itself.

Question 9

APPEALS TO THE SUPREME COURT

Answer 9

A decision of the Court of Appeal can be appealed to the Supreme Court by the defendant or prosecution only if:
1. The Court of Appeal or the Supreme Court grant leave to
appeal, and
2. The Court of Appeal certifes that a point of law of general public importance is involved.