appeals (w9) Flashcards
true or false-
there is no route to appeal from magistrates’ court to the court of appeal
true
what is the first step D can take when appealing from magistrates’ court
consider if magistrates have made an error which they can correct themselves.
when can finding of guilt be set aside?
- legal advisers provided magistrates with incorrect advice
- D didn’t attend trial and no explanation for absence was given at the time
- emergency proven via medical certificate
how can sentences vary when appealing from magistrates court
sentence can decrease and increase
when should D appeal from magistrates court?
when D feels that magistrates have reached the wrong decision on substantive merits.
which 4 methods can be used to challenge magistrates court decision
1- Rectify mistakes- slip rule
2- Crown Court: re-hearing
3- High Court: Case stated
4- High Court: Judicial review
which courts can an appeal from Magistrates court be sent to
1- Crown court as a trial
2- Crown court as an appeal
3- high court QBD
what is the slip rule in appealing from magistrates court
process which court corrects a mistake or omission within their judgment
- alternative avenue for D to re-argue their case
who can make verdict on slip rule?
it can be heard by the same magistrates who convicted D
which appeal route should be taken if magistrates has made an error of fact or mixed up fact and law
D should appeal to Crown Court
which appeal route should be taken if magistrates made an error of law or acted in excess of their jurisdiction
D should appeal by way of case stated
which appeal route should be taken if decision was made unfairly, biased or with procedural irregularities
D should apply for judicial review of decision
is leave required when appealing from magistrates court to the crown court?
there is an automatic right, no leave is required
Can prosecution appeal via magistrates appeal to CC?
no, prosecution can only appeal via case stated and judicial review
what sentences can CC pass when appealed from magistrates court?
CC can pass any sentence that the magistrates’ court could have passed
- can be more sever than the original
true or false-
D can only appeal on sentence where they have pleaded guilty
true, unless D can demonstrate that plea was equivocal
what is the procedure on appeal from magistrates to CC
- D lodge notice to magistrates’ clerk & other parties within 15 days
- application of extension of time can be made
what happens during appeal by way of re-hearing in magistrates’ appeals?
trial is reheard, with speeches and witnesses
- new evidence can be submitted here
- D’s written charge cannot be amended
what sentences may be given during a re-hearing when appealing from magistrates
hearing proceeds as if it’s original sentence hearing
can D apply for bail during appeal?
- bail can be granted whilst D awaits for appeal results from magistrates
- bail is not a right under BA76
what are the powers on appeal at the Crown Court?
confirm, reverse or vary decision appealed against or part of it
- make any other order court sees just
- as long as it is within magistrates sentencing powers
who bears the payment of costs when appealing from magistrates court?
-A successful appellant may be awarded a defence costs order.
-An unsuccessful appellant may be required to pay the prosecution’s costs
how does appeal by case stated from magistrates to high court work?
D applies to magistrates’ court to state a case for the opinion of high court
- explain how they made decision
- no evidence is heard, only submissions
what are the procedural rules of appeals by way of case stated?
- both prosecution and defence can appeal
- only after determination of proceedings in mag court
- 21 days from date of decision
- if appeal via case stated, D loses right to appeal to CC
when can D apply to HC for judicial review from magistrates court
when there has been an
- error of law
- procedural irregularities
- excess of jurisdiction
breach of natural justice
what are the procedural rules of appeals by judicial review?
- both prosecution and defence can appeal
- application within 3m after grounds arose
- to lodge promptly
- where it concerns an error of law, it should be by way of case stated
Define the slip rule when appealing from CC
- only applicable to sentences such as driving ban or compensation
- judge can vary/rescind sentence within 56 days
- same judge should make variation to their own decision
- purpose is to save time and money
what amending powers are within the CC’s slip rule?
- amend length of sentence
- amend type of sentence
- amend requirements attached to a community based sentence
what are the 3 main types of appeals which the CoA deals with from the CC?
- appeals against convictions on indictment
- appeals against sentence passed following conviction of indictment
- appeals against sentence passed on committal for sentence
is leave required when appealing to CoA, if so, how is leave granted?
- leave is required to appeal to CoA
- appellant from CC needs to convince single judge that their appeal is arguable on merits before it can proceed to oral hearing before 2-3 judges
what grants may the single judge order when applying for leave?
- may grant application wholly or in part
- refuse application
- refer to CoA without granting leave
what happens when leave for appeal to CoA is refused by single judge?
appellant can renew an application for leave orally before the relevant panel
what is renewal of leave application?
-D can renew application for leave where it is not granted by judge within 10 business days of receipt of judge’s decisions’ notification
what are some common grounds of appeal for conviction?
- wrongful admission of evidence
- wrongful rejection
- wrongful withdrawal from jury
- conduct of judge
- inconsistency of jury verdicts
- fresh evidence
- conduct of lawyers
what are some common grounds for appeal against sentences?
