appeals (w9)

Question 1

true or false-
there is no route to appeal from magistrates’ court to the court of appeal

Answer 1

true

Question 2

what is the first step D can take when appealing from magistrates’ court

Answer 2

consider if magistrates have made an error which they can correct themselves.

Question 3

when can finding of guilt be set aside?

Answer 3

• 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

Question 4

how can sentences vary when appealing from magistrates court

Answer 4

sentence can decrease and increase

Question 5

when should D appeal from magistrates court?

Answer 5

when D feels that magistrates have reached the wrong decision on substantive merits.

Question 6

which 4 methods can be used to challenge magistrates court decision

Answer 6

1- Rectify mistakes- slip rule
2- Crown Court: re-hearing
3- High Court: Case stated
4- High Court: Judicial review

Question 7

which courts can an appeal from Magistrates court be sent to

Answer 7

1- Crown court as a trial
2- Crown court as an appeal
3- high court QBD

Question 8

what is the slip rule in appealing from magistrates court

Answer 8

process which court corrects a mistake or omission within their judgment
- alternative avenue for D to re-argue their case

Question 9

who can make verdict on slip rule?

Answer 9

it can be heard by the same magistrates who convicted D

Question 10

which appeal route should be taken if magistrates has made an error of fact or mixed up fact and law

Answer 10

D should appeal to Crown Court

Question 11

which appeal route should be taken if magistrates made an error of law or acted in excess of their jurisdiction

Answer 11

D should appeal by way of case stated

Question 12

which appeal route should be taken if decision was made unfairly, biased or with procedural irregularities

Answer 12

D should apply for judicial review of decision

Question 13

is leave required when appealing from magistrates court to the crown court?

Answer 13

there is an automatic right, no leave is required

Question 14

Can prosecution appeal via magistrates appeal to CC?

Answer 14

no, prosecution can only appeal via case stated and judicial review

Question 15

what sentences can CC pass when appealed from magistrates court?

Answer 15

CC can pass any sentence that the magistrates’ court could have passed
- can be more sever than the original

Question 16

true or false-
D can only appeal on sentence where they have pleaded guilty

Answer 16

true, unless D can demonstrate that plea was equivocal

Question 17

what is the procedure on appeal from magistrates to CC

Answer 17

• D lodge notice to magistrates’ clerk & other parties within 15 days
• application of extension of time can be made

Question 18

what happens during appeal by way of re-hearing in magistrates’ appeals?

Answer 18

trial is reheard, with speeches and witnesses
- new evidence can be submitted here
- D’s written charge cannot be amended

Question 19

what sentences may be given during a re-hearing when appealing from magistrates

Answer 19

hearing proceeds as if it’s original sentence hearing

Question 20

can D apply for bail during appeal?

Answer 20

• bail can be granted whilst D awaits for appeal results from magistrates
• bail is not a right under BA76

Question 21

what are the powers on appeal at the Crown Court?

Answer 21

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

Question 22

who bears the payment of costs when appealing from magistrates court?

Answer 22

-A successful appellant may be awarded a defence costs order.
-An unsuccessful appellant may be required to pay the prosecution’s costs

Question 23

how does appeal by case stated from magistrates to high court work?

Answer 23

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

Question 24

what are the procedural rules of appeals by way of case stated?

Answer 24

• 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

Question 25

when can D apply to HC for judicial review from magistrates court

Answer 25

when there has been an
- error of law
- procedural irregularities
- excess of jurisdiction
breach of natural justice

Question 26

what are the procedural rules of appeals by judicial review?

Answer 26

• 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

Question 27

Define the slip rule when appealing from CC

Answer 27

• 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

Question 28

what amending powers are within the CC’s slip rule?

Answer 28

• amend length of sentence
• amend type of sentence
• amend requirements attached to a community based sentence

Question 29

what are the 3 main types of appeals which the CoA deals with from the CC?

Answer 29

• appeals against convictions on indictment
• appeals against sentence passed following conviction of indictment
• appeals against sentence passed on committal for sentence

Question 30

is leave required when appealing to CoA, if so, how is leave granted?

Answer 30

• 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

Question 31

what grants may the single judge order when applying for leave?

Answer 31

• may grant application wholly or in part
• refuse application
• refer to CoA without granting leave

Question 32

what happens when leave for appeal to CoA is refused by single judge?

Answer 32

appellant can renew an application for leave orally before the relevant panel

Question 33

what is renewal of leave application?

Answer 33

-D can renew application for leave where it is not granted by judge within 10 business days of receipt of judge’s decisions’ notification

Question 34

what are some common grounds of appeal for conviction?

Answer 34

• wrongful admission of evidence
• wrongful rejection
• wrongful withdrawal from jury
• conduct of judge
• inconsistency of jury verdicts
• fresh evidence
• conduct of lawyers

Question 35

what are some common grounds for appeal against sentences?